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HARBERT v. DEUKMEJIAN

Docket No. 58270.

117 Cal.App.3d 779 (1981)

173 Cal. Rptr. 89

RICHARD E. HARBERT, Plaintiff and Respondent, v. GEORGE DEUKMEJIAN, as Attorney General, etc., et al., Defendants and Appellants.

Court of Appeals of California, Second District, Division Four.

April 8, 1981.

Attorney(s) appearing for the Case

COUNSEL

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, William R. Pounders and Michael Nash, Deputy Attorneys General, for Defendants and Appellants.

Beardsley, Hufstedler & Kemble, Dennis M. Perluss, Laurie D. Zelon, Fred Okrand, Mark D. Rosenbaum and Terry Smerling for Plaintiff and Respondent.

OPINION

KINGSLEY, J.

The Attorney General appeals from a judgment declaring: "In view of the Supremacy Clause, article VI, clause 2 of the United States Constitution, Penal Code § 12021 is interpreted not to apply to any person who is the recipient of a full and unconditional presidential pardon." We affirm the judgment.

In March of 1945, plaintiff, then 18 years old, was convicted in a federal court of a violation of...

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