In Re Beal

Petitioner pleaded guilty to possession of heroin in violation of Health and Safety Code section 11350 and was sentenced to imprisonment in the state prison. His appeal from that judgment, pursuant to Penal Code section 1538.5, subdivision (m), resulted in affirmance of the conviction (People v. Beal, 44 Cal.App.3d 216 [ 118 Cal.Rptr. 272 ]).

In this petition for habeas corpus petitioner contends he was deprived of the effective assistance of counsel and due process of law at his probation and sentencing hearing. He alleges that his trial counsel showed him the probation report only 10 minutes prior to the hearing, did not discuss the report with him, and did not point out to the court three alleged inaccuracies in the probation report. Petitioner also alleges that prior to the hearing petitioner showed counsel a letter from a narcotics prevention project stating that its representatives would meet with petitioner if he obtained a court order, and that trial counsel stated to petitioner he would obtain such an order, but did not do so.

The alleged inaccuracies in the probation report are as follows:

Petitioner asserts that this description falsely implies he was…