Guaracha

This is an appeal by the People from an order made on May 27, 1968, granting respondent’s motion to dismiss and strike the prior convictions alleged against him and from an order made on June 6, 1968, sentencing respondent to state prison for the time prescribed by law.

In this case respondent while an inmate of the state prison system filed a petition for a writ of habeas corpus. That petition was granted on October 17, 1967 (by Court of Appeal, 1st Dist., Div. 1, 1 Grim. 6513 unpublished) and thereafter other proceedings were taken as appear from the minute entries hereafter set out. The opinion and the opinion on the petition for rehearing and the minute entries, are as follows:

“Opinion on Denial oe Rehearing

“BYTHE COURT:

Minute Entries

On December 17, 1967, the opinion of the Court of Appeal was sent to the warden at San Quentin Prison where respondent apparently was lodged. A copy of the opinion was handed to the Attorney General’s deputy on October 17, 1967, and a copy of the “opinion on denial of rehearing” was handed to the deputy attorney general on November 10, 1967. As pointed up at the oral argument of this case the Attorney General was fully advised before July…