Rawlins

Petitioner is in Folsom Prison following his jury conviction for violation of Penal Code § 245 (Assault by means of force likely to produce great bodily injury). He was sentenced by the Riverside County Superior Court in 1968 for the term prescribed by law, 6 months to 10 years. His conviction was affirmed on appeal by the California Court of Appeal, Fourth Appellate District, and hearing was denied by the California Supreme Court. Thereafter, his Motion to Recall the Remittitur was denied by the Court of Appeal, rehearing was denied, and Motion for Hearing (also called Petition for Habeas Corpus) was denied by the Supreme Court without opinion.

It might well be held that Petitioner has failed to exhaust his state remedies, since the Supreme Court denial of Petition for Writ of Habeas Corpus might well be presumed to have been based on Petitioner’s failure to present the issues first in the appropriate lower courts. Rogers v. Nelson, 300 F.Supp. 421 (N.D.Cal.1969); Gardella v. Field, 291 F.Supp. 107 (C.D.Cal.1967). However, the Court is prepared to consider this present Petition on its merits, the contentions being that:

After reviewing the Petition, the Response, the Traverse,…