Cline

ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS

Petitioner was convicted by a jury of assault with a deadly weapon on a police officer in violation of Penal Code § 245(b), and possession of a sawed-off shotgun (Penal Code § 12020). He admitted two prior felony convictions, robbery in Santa Clara County in 1947, and burglary in Monterey County in 1955. On September 5, 1961, he was sentenced to the term prescribed by law on the first Count, no sentence on the second, and he was adjudged an habitual criminal, Penal Code § 644(a), and sentenced to life imprisonment. When this petition was filed, he was incarcerated in Folsom Prison, but has since been released from there.

The 1962 conviction was affirmed by the California Court of Appeal, People v. Cline, 222 Cal.App.2d 597 , 35 Cal.Rptr. 420 (1963), and hearing was denied by the California Supreme Court. A Petition for Writ of Habeas Corpus was denied by the United States District Court, Northern District of California, in 1964, and a certificate of probable cause was denied by the United States Court, Court of Appeals, Ninth Circuit. The California Court of Appeal, Third Appellate District, denied a Petition for Writ of Habeas…