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BLAIR v. McCARTHY

No. 87-6690.

881 F.2d 602 (1989)

Roulette BLAIR, Petitioner-Appellee, v. Daniel J. McCARTHY, et al., Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided March 27, 1989.

Attorney(s) appearing for the Case

William R. Weisman, Deputy Atty. Gen., Los Angeles, Cal., for respondents-appellants.

Paul E. Potter, Potter & Cohen, Pasadena, Cal., for petitioner-appellee.

Before FARRIS, POOLE and FERGUSON, Circuit Judges.

FERGUSON, Circuit Judge:

Appellant McCarthy, Director of the Department of Corrections of the State of California, appeals the district court's decision to grant appellee Blair's petition for a writ of habeas corpus. We affirm.

In May 1983, Roulette Blair, pursuant to a plea bargain, entered a plea of guilty in state court to possession of a controlled substance (codeine) for sale, in violation of the Cal.Health & Safety Code § 11351(a). The trial...

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