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IN RE KELLY

Docket No. Crim. 22054.

33 Cal.3d 267 (1983)

655 P.2d 1282

188 Cal. Rptr. 447

In re RODELL KELLY, JR., on Habeas Corpus.

Supreme Court of California.

January 17, 1983.

Attorney(s) appearing for the Case

COUNSEL

Quin Denvir, State Public Defender, under appointment by the Court of Appeal, and Mark E. Cutler, Chief Assistant State Public Defender, for Petitioner.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Gregory W. Baugher, Jana L. Tuton, Ramon de la Guardia and Wanda Hill Rouzan, Deputy Attorneys General, for Respondent.

OPINION

BROUSSARD, J.

At issue in this case is the interpretation of Penal Code section 667.5, subdivision (g),1 which defines "prior separate prison term" for the purpose of enhancing a sentence.

The facts in this case are fairly simple. Petitioner was first committed to state prison in 1958 for violation of section 211. He was paroled, but in 1962 was...

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