Robert Anderson v. Lawrence E. Wilson, Warden, San Quentin State Prison, and People of the Stateof California

Appellant is a California State prisoner serving concurrent terms of five years to life and ten years to life on two independent convictions of violation of California Health and Safety Code, Section 11501. He appeals from a district court order denying his application for a writ of habeas corpus. The district court Judge issued a certificate of probable cause.

The first contention of Robert Anderson is that his probation on the first conviction in 1960 for violation of California Health and Safety Code, Section 11501 was revoked after the probationary period expired.

Therefore, the sentence of five years to life that was imposed is void. The record shows that appellant was found guilty on September 29, 1960. Subsequently, on October 26, 1960, appellant was sentenced to three years probation. On September 6, 1963, before termination of the above probationary period, appellant again violated Section 11501 of the California Health and Safety Code. On December 16, 1963, Robert Anderson plead guilty. On the same date, his probation under the 1960 conviction was revoked. The significant date is the date of violation of the terms of probation which occurred before his probation…