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IN RE LEWALLEN

Docket No. Crim. 20212.

23 Cal.3d 274 (1979)

590 P.2d 383

152 Cal. Rptr. 528

In re JOHN DEL LEWALLEN on Habeas Corpus.

Supreme Court of California.

February 9, 1979.

Attorney(s) appearing for the Case

COUNSEL

Ephraim Margolin and Nicholas C. Arguimbau for Petitioner.

Robert Nicco, Public Defender (San Francisco), and Gordon H. Armstrong, Deputy Public Defender, as Amici Curiae on behalf of Petitioner.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, Timothy A. Reardon and Herbert F. Wilkinson, Deputy Attorneys General, for Respondent.

OPINION

MOSK, J.

In this application for writ of habeas corpus, petitioner seeks relief from the sentence imposed after his jury trial resulted in conviction.

Petitioner was charged with misdemeanor violations of Vehicle Code section 23102, subdivision (a) (drunk driving), Penal Code section 12025 (carrying a concealed firearm), Penal Code section 12031 (carrying a loaded firearm), and Penal Code section 12021 (possession...

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