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IN RE KEMPER

Docket No. 20913.

112 Cal.App.3d 434 (1980)

169 Cal. Rptr. 513

In re WINSTON HILLIARD KEMPER on Habeas Corpus.

Court of Appeals of California, First District, Division One.

November 21, 1980.

Attorney(s) appearing for the Case

COUNSEL

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, Karl S. Mayer and Kenneth C. Young, Deputy Attorneys General, for Appellant.

James C. Hooley, Public Defender, Jay B. Gaskill, Assistant Public Defender, and Robert Graham, Deputy Public Defender, for Respondent.

OPINION

NEWSOM, J.

The People's appeal is from an order granting respondent Winston Hilliard Kemper's petition for release on habeas corpus.

The record shows that respondent pled guilty to a second degree burglary committed August 5, 1977, and was sentenced, on January 5, 1978, to 3 years imprisonment, with 107 days' presentence credit. Kemper, and not the People, appealed from the judgment.

After sentencing, Kemper...

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