Erenyi

Erenyi v. Fitzharris

Good Law
331 F. Supp. 918·1971 U.S. Dist. LEXIS 12243
United States District Court, Central District of CaliforniaJuly 28, 1971Civ. No. 70-1334California1,382 words

Opinion

lead Opinion

Hauk, J.

ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS

Petitioner was originally charged in Los Angeles County Superior Court by an Information with 3 counts. After a non-jury trial, he was found not guilty of Burglary (Penal Code § 459) on Count I, and guilty of Receiving Stolen Property (Penal Code § 496), on Counts II and III. Proceedings were suspended March 6, 1967, and he was granted probation, which was subsequently revoked. When this Petition was filed, Petitioner was confined at the Correctional Training Facility, Soledad, but has since advised the Court that he is now at liberty on parole. Accordingly, the Court has amended the title of this Petition to include his current custodian.

The judgment of conviction was affirmed July 30, 1968, by the Court of Appeal, Second Appellate District, in an unpublished Opinion, and the same Court denied a Motion to Recall the Remittitur on April 15, 1969. Motion for Hearing or alternative Petition for Writ of Habeas Corpus was denied by the California Supreme Court on January 8, 1970.

Petitioner makes the following contentions about Counts II and III on which he was convicted:

1. Extrajudicial statements were introduced against him in…

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