In Re Koebrich

Petitioner, an inmate of Folsom State Prison, seeks by habeas corpus to obtain his release therefrom, contending :

On January 13, 1958, petitioner, represented by counsel, was found guilty, after a trial by jury, of violating section 11500 of the Health and Safety Code (possession of narcotics). Imposition of judgment and sentence was suspended and petitioner was placed on five years’ probation as a condition of which he served eight months in the county jail.

On April 22, 1959, petitioner was returned to the superior court for revocation of his probation. Petitioner appeared without counsel, no counsel was provided for him, and after his probation was revoked he was arraigned for judgment and sentence, and was sentenced to state prison for the term prescribed by law.

On September 7, 1961, petitioner’s parole was authorized by the Adult Authority. On October 4, 1965, he was convicted for a violation of section 11501 of the Health and Safety Code (sale of heroin). Petitioner was represented by counsel, tried before a jury, was found guilty and sentenced to state prison for the term prescribed by law. Petitioner does not attack the 1965 conviction, which was affirmed on appeal,…