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GARRISON v. McCARTHY

No. 79-2604.

653 F.2d 374 (1981)

Jerry W. GARRISON, Plaintiff-Appellant, v. D. J. McCARTHY, Superintendent, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 11, 1981.

Rehearing Denied August 5, 1981.

Attorney(s) appearing for the Case

Melville H. Behrendt, Jr., Oakland, Cal., for plaintiff-appellant.

W. Eric Collins, Deputy Atty. Gen., San Francisco, Cal., argued for defendant-appellee; Thomas A. Brady, Deputy Atty. Gen., San Francisco, Cal., on brief.

Before TRASK, WALLACE and ANDERSON, Circuit Judges.

WALLACE, Circuit Judge:

Garrison, a state prisoner, appeals from the district court's dismissal of his petition for a writ of habeas corpus. He was convicted in the state court on two counts of robbery, Cal. Penal Code § 211; one count of assault with a deadly weapon, Cal. Penal Code § 245(a); and one count of possession of a concealable firearm by a felon, Cal. Penal Code § 12021. In his habeas corpus petition, Garrison raises four constitutional challenges...

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