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IN RE LOWER

Docket Nos. 10504, 9167.

100 Cal.App.3d 144 (1979)

161 Cal. Rptr. 24

In re NICHOLAS JOHN LOWER on Habeas Corpus. THE PEOPLE, Plaintiff and Respondent, v. NICHOLAS JOHN LOWER, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Two.

December 19, 1979.

Attorney(s) appearing for the Case

COUNSEL

Quin Denvir, State Public Defender, under appointment by the Court of Appeal, Charles M. Sevilla, Chief Assistant State Public Defender, Martin Stein and Robert P. App, Deputy State Public Defenders, for Petitioner, Defendant and Appellant.

George Deukmejian, Robert H. Philibosian, Chief Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, Alan S. Meth Attorney General, and Rudolf Corona, Jr., Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

GARDNER, P.J.

In this case we wrestle unsuccessfully with the growing problem of the dual attack on adequacy of counsel by both direct appeal and writ of habeas corpus. The present practice presents this issue via both vehicles. This is creating an undue burden on the courts without any resulting benefit to defendants or to the administration of justice.

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