Ramon Novarro v. Peter Pitchess, Sheriff of the County of Los Angeles, State of California
Opinion
Opinion
Ramon Novarro was convicted and sentenced in the Municipal Court of Los Angeles, California for a violation of section 23102 of the Vehicle Code of California. After certain state proceedings were had, Novarro applied to the federal district court for habeas corpus. He therein asserted that the state conviction and sentence deprived him of his constitutional rights under the Fourteenth Amendment. This deprivation, Novarro alleged, arose from the fact that the complaint charging him with a violation of section 23102 of the Vehicle Code was not filed by the arresting officer as mandatorily required by section 40306 of the Vehicle Code. The courts of California have upheld the conviction.
The district court, without hearing, dismissed the application upon the ground that it appears from the application that Novarro “is not entitled thereto,” citing 28 U.S.C. § 2243 (1964). Novarro did not file an amended application, but immediately took this appeal. He does not here contend that he could, by means of an amended application, state a more favorable factual basis for relief on the ground he relied upon in the district court, than as stated in his brief on appeal.