Albert B. Barbosa v. Lawrence E. Wilson, Warden, Etc.

This is an appeal from an order of the United States District Court for the Northern District of California, Southern Division (now the United States District Court for the Northern District of California), denying appellant’s application for a writ of habeas corpus. Jurisdiction of the district court to entertain appellant’s petition was conferred by §§ 2241, 2242 and 2243 of Title 28, United States Code. Jurisdiction of this court is conferred by Title 28, United States Code, § 2253 . A certificate of probable cause was issued by the district court on June 9, 1966.

Appellant was convicted on May 17, 1962, in the Superior Court of Los Angeles County of violating the provisions of § 11501 of the Health and Safety Code of the State ci' California. Judgment was entered on May 24, 1962, reciting four admitted prior felony convictions, including conviction of a violation under § 11500 of the Health and Safety Code in 1954 (herein called the “1954 conviction”), and decreeing that appellant be punished for the term prescribed by law.

The following issues are raised:

1. Was the 1954 conviction a misdemeanor conviction? If so, is appellant not now eligible for release or probation…