In Re Woods

Petitioner seeks habeas corpus, attacking his conviction of possessing heroin for sale. (Health & Saf. Code, § 11500.5.) His non jury trial occurred on December 10, 1964, and judgment of imprisonment was pronounced January 18, 1965. Petitioner took an appeal. His conviction was affirmed by the Court of Appeal, Second District, Division Four, on January 27,1966. The decision is reported in People v. Woods, 239 Cal.App.2d 697 [ 49 Cal.Rptr. 266 ], A petition for hearing was subsequently rejected by the State Supreme Court.

On his appeal he claimed violation of the Escobedo-Dorado rule, governing admissibility of evidence of incriminating extrajudicial statements to the police which are not preceded by appropriate warnings. (Escobedo v. Illinois, 378 U.S. 478, 490-491 [ 12 L.Ed.2d 977 , 84 S.Ct. 1758 ] ; People v. Dorado, 62 Cal.2d 338, 353-354 [ 42 Cal.Rptr. 169 , 398 P.2d 361 ].) The appellate court noted that petitioner’s trial took place after June 22, 1964, the date of the Escobedo decision, and after August 31, 1964, the date of the California Supreme Court’s final decision in the Dorado case. ( 40 Cal.Rptr. 264 , 394 P.2d 952 ) ; that his trial counsel’s inferably deliberate…