In re Flores

Petitioner seeks a writ of habeas corpus, alleging that the requirement that he serve a minimum of 10 years in prison without possibility of parole for the crime of sale of heroin to a minor, with one *224 prior felony narcotic conviction (Health & Saf. Code, § 11502—now § 11353), is cruel and unusual punishment. (Cal. Const., art. I, § 17.)

Ruben Venegas, a 17-year-old minor, together with Alfonso Vitella, Jr., and another companion, burglarized a home in Sacramento County on February 26, 1970. They took the stolen property to petitioner’s home in Yolo County, where Venegas became acquainted with petitioner. Petitioner and Raymond Hernandez bought the property from the burglars, paying for it with money and heroin. 2 Petitioner originally had the heroin; he passed it to Hernandez, who divided it into halves and handed one-half to the burglars; they then went to the home of Vitella, where they injected the heroin into their arms. It was Venegas’ first experience with the drug; he felt its effects immediately, and became tired, ill and nauseous. On February 28, 1970, Venegas was arrested by Sacramento County officers for the burglary. He was then on probation as a ward…