George Joseph v. John H. Klinger

This is an appeal in forma pauperis from an order of the United States District Court for the Central District of California, denying appellant’s petition for a writ of habeas corpus. ( 28 U.S.C. § 2241 .) Appellant is a state prisoner, having been convicted by a jury in the California Superior Court of violating § 23105 of the California Vehicle Code. The required certificate of probable cause was issued, and we have jurisdiction on appeal. ( 28 U.S.C. § 2253 .)

California Vehicle Code § 23105 provides it is unlawful “for any person who is addicted to the use, or under the influence, of narcotic drugs * * * to drive a vehicle upon any highway * *.”

Petitioner alleges he was charged with “driving under the influence of narcotics” (C.T. p. 2),.pleaded not guilty, failed to take the stand, and was found guilty.

The brief filed in his behalf herein alleges that the information filed by the People in the state court accused petitioner of driving a vehicle upon the highway “while being addicted to the use of narcotic drugs, and being under the influence of narcotic drugs,” citing Trial Transcript, p. 7, lines 1-10 (emphasis added).

We here note the fact that appellant was sentenced…