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MASSIE v. SUMNER

No. 79-2703.

624 F.2d 72 (1980)

Robert Lee MASSIE, Petitioner-Appellant, v. George SUMNER, Warden, San Quentin State Prison, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied August 15, 1980.

Attorney(s) appearing for the Case

Robert Lee Massie, in pro. per.

George Deukmejian, Atty. Gen., Sacramento, Cal., for respondent-appellee.

Before DUNIWAY, ANDERSON and TANG, Circuit Judges.

TANG, Circuit Judge:

Robert Lee Massie, a state prisoner, appeals the district court's order dismissing his habeas petition. By this habeas corpus action, Massie challenges the validity of California Penal Code § 1239(b), which provides for an automatic appeal to the California Supreme Court from a sentence of death. Massie seeks to waive this automatic appeal, contending that his incarceration on death row in San Quentin...

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