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IN RE ROGERS

Docket No. Crim. 21429.

28 Cal.3d 429 (1980)

619 P.2d 415

169 Cal. Rptr. 222

In re GERALD McDONALD ROGERS on Habeas Corpus.

Supreme Court of California.

November 24, 1980.

Attorney(s) appearing for the Case

COUNSEL

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Roger E. Venturi, Thomas R. Yanger and Ramon M. de la Guardia, Deputy Attorneys General, for Appellant.

Quin Denvir, State Public Defender, under appointment by the Court of Appeal, and Mark E. Cutler, Deputy State Public Defender, for Respondent.

OPINION

BIRD, C.J.

This court must decide whether the Board of Prison Terms (Board) may utilize a constitutionally defective prior conviction in a serious offender hearing held pursuant to Penal Code section 1170.2, subdivision (b),1 to specifically add three years to a determinate sentence of a prisoner who was originally sentenced under the old Indeterminate...

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