IN RE BOLLEY

Docket No. 11792.

129 Cal.App.3d 555 (1982)

181 Cal. Rptr. 111

In re GARY CALVIN BOLLEY on Habeas Corpus.

Court of Appeals of California, Third District.

February 5, 1982.


Attorney(s) appearing for the Case

COUNSEL

Latimer & Kenkel and Jerry J. Kenkel for Petitioner.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Roger E. Venturi and Ward A. Campbell, Deputy Attorneys General, for Respondent.


OPINION

REYNOSO, J.

At issue in this proceeding on petition for writ of habeas corpus is whether a trial court may require, as a condition of probation, a criminal defendant to waive the statutory maximum period of probation. We hold that it may not. Accordingly, we issue a writ of habeas corpus directing the trial court to vacate its decision denying petitioner's application for probation and to grant petitioner a new hearing on...

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