Howard

ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS

Petitioner is presently incarcerated in the California State Prison at Represa, California, and was convicted on three counts of grand theft, Calif. Penal Code, § 487 (West, 1957).' The jury rendered its verdict of guilty on all three counts, but the court suspended imposition of sentence and placed Petitioner on probation for a period of six years from March 3, 1959. He failed to appeal this order although entitled to do so under Calif. Penal Code, § 1237 (West, 1957).

On December 5, 1961, his probation was revoked and on September 24, 1964, Petitioner was sentenced on the three counts of grand theft to the term prescribed by law, one to 10 years. The trial court ordered that the sentence on each of the three counts should run consecutively.

Petitioner did appeal this 1964 judgment, but the conviction and sentence were affirmed. People v. Howard, 239 Cal.App.2d 75 , 48 Cal.Rptr. 443 (1965). Since that affirmance by the California Court of Appeal, Petitioner has filed numerous petitions for writs of habeas corpus and a motion to vacate judgment and set aside the sentence in both the trial and appellate courts of California. All…