Ralph Bravo v. Walter E. Craven, Warden

This is an appeal from the denial of a petition for a Writ of Habeas Corpus, brought by a state prisoner convicted of the possession of heroin.

Originally convicted of a violation of possession of heroin for purpose of sale (§ 11500.5 of the Health & Safety Code of the State of California), after a plea of guilty to possession of heroin (§ 11500. of the Health & Safety Code of the State of California, the California District Court of Appeals found the above two sections of the Health & Safety Code defined two separate and distinct crimes; and held the violation of § 11500. a lesser offense necessarily included in § 11500.5. It corrected and modified the judgment to show defendant’s convictions on his plea of guilty was of the lesser offense. Cf. People v. Bravo, 237 Cal.App.2d 459 , 46 Cal.Rptr. 921 (1965).

After an order to show cause was issued, and a response and traverse filed, and after a review of all required state court records and transcripts, the Petition for a Writ of Habeas Corpus was denied by the District Court Judge, Hon. Harry Pregerson, 319 F.Supp. 154 (C.T. 170-175, incl.).

We refer to and incorporate Judge Pregerson’s Memorandum and Order of Denial, as our…