Friedman

FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER

An evidentiary hearing on petitioner’s application for a writ of habeas corpus in the above entitled matter was commenced on April 27, 1971, and was continued to and concluded on April 28,1971, petitioner being present and appearing by Michael P. Balaban, appointed by the Court, and respondent appearing by Evelle J. Younger, Attorney General of the State of California, by Alan V. Hager, Deputy Attorney General. Upon reviewing the pleadings and the oral and documentary evidence presented at the hearing, the Court, being fully advised in the premises, makes the following findings of fact:

Petitioner is a person in state custody presently on parole from the California Men’s Colony at San Luis Obispo, California. In an information filed in the Superior Court for the County of Los Angeles, Superior Court Case No. 327564, he was charged with sale of marijuana, in violation of California Health and Safety Code section 11531, and it was alleged that at the time of the commission of this offense he was armed with a deadly weapon. In a separate information filed in the Los Angeles County Superior Court, Case No. 327565, petitioner was…