Arnold Sanchez Fernandez v. John H. Klinger

Appellant, Arnold Sanchez Fernandez, is presently incarcerated at the California Mens Colony in Los Padres, California. Fernandez’ imprisonment resulted from his conviction in the state court of violating Section 647a of the California Penal Code, making it a crime for any person to annoy or molest a child under the age of eighteen years. Fernandez’ confinement in a state prison was authorized by the more stringent penalties prescribed by Section 647a when sentencing defendants with prior convictions under the related offense of California Penal Code § 288.

After appellant had exhausted state procedures for review of his conviction, he filed a petition for a writ of habeas corpus. The state courts rejected this petition. On May 15, 1963, appellant petitioned for a writ of habeas corpus in the United States District Court under the provisions of 28 U.S.C. § 2241 (a). The petition for habeas corpus was denied on its merits on July 15, 1963. This timely appeal followed; invoking our jurisdiction under 28 U.S.C. § 2253 .

Appellant’s violation of Penal Code § 647a arose from his relationship with two young boys, Willie James McGee, a six or seven year old, and Earl Morse (age not…