Albert Wright v. Walter E. Craven, Warden

Appellant, a California state prisoner, filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 (c) (3), seeking his release from prison. Following an evidentiary hearing and the submission of briefs by both parties, the district court issued an order denying the petition for the writ. Notice of appeal was timely filed, and a certificate of probable cause to appeal was issued by the court below. Our jurisdiction arises under 28 U.S.C. § 2253 . We affirm.

In September 1962, appellant was convicted of selling heroin, in violation of California Health and Safety Code § 11501. Two prior felony convictions (possession of narcotics and violation of the Dangerous Weapons Control Law) also charged against him were found to be true. The conviction was later affirmed by the California District Court of Appeal in People v. Wright, 221 Cal.App.2d 109 , 34 Cal.Rptr. 292 (1963), where it was also held that the trial court had committed error in finding that the alleged violation of the Dangerous Weapons Control Law was true and correct, as the superior court records showed that this charge had been dismissed. The judgment was modified by striking the finding of this prior…