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IN RE HAMILTON

Docket No. A065255.

41 Cal.App.4th 926 (1996)

48 Cal. Rptr.2d 845

In re BERNARD HAMILTON on Habeas Corpus.

Court of Appeals of California, First District, Division Three.

January 5, 1996.

Attorney(s) appearing for the Case

COUNSEL

Daniel E. Lungren, Attorney General, Kenneth C. Young, Assistant Attorney General, Bruce M. Slavin and Catherine A. McBrien, Deputy Attorneys General, for Petitioner.

Arnold Erickson, under appointment by the Court of Appeal, for Respondent.

OPINION

MERRILL, J.

Daniel Vasquez, warden of the prison at San Quentin, appeals from an order of the Marin County Superior Court enjoining prison officials from charging inmates a 10 percent surcharge on handicraft materials purchased through the prison's handicraft program. We vacate the order for reasons explained below.

FACTS

Penal Code1 sections 5005 and 5006 authorize the Department...

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