In re Gordon

This is a motion under 28 U.S.C.A. § 466 for a certificate of probable cause for an appeal from the dismissal by the District Court of a petition for a writ of habeas corpus, that court holding the petition did not state any ground for relief.

A similar motion for the certificate has been denied by the District Court below. For the reasons hereafter stated, I agree it was properly denied.

The prisoner has been convicted and sentenced by the Superior Court' of the State of California, in and for the County of Los Angeles, on one count of conspiracy, California Penal Code, § 182, and several counts of grand theft, California Penal Code, § 484. His sentence on the grand theft counts are to run concurrently, but consecutively to the conspiracy sentence.

The prisoner is in prison now less than one year, which is the minimum sentence for the grand theft counts. If there is no denial of due process in respect to those counts, then he is legally imprisoned and the petition for habeas corpus is prematurely brought. In respect to the grand theft counts, the prisoner maintains that on his appeal to the District Court of Appeal for the State of California that court, in its opinion,…