EMBRY v. <<

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District Court of Appeal, First District, Division 1, California.

Ex parte EMBRY.

Cr. 2836.

Decided: September 30, 1952

A. E. Bagshaw, San Rafael, for respondent. Edmund G. Brown, Atty. Gen., Clarence A. Linn, Assistant Atty. Gen., for appellant.

This petitioner was convicted of a felony and has suffered a prior conviction for which he served time. The Adult Authority, pursuant to its rule, has refused to grant him a hearing in order to fix his sentence or to consider his application for a parole, until eighteen months after his commitment. After six months of his term had expired he filed a petition for a writ of habeas corpus in the Superior Court to compel the Authority to grant him a hearing. That court issued the writ with an order substantially similar to that discussed in Ex parte Maro, Cal.App., 141 P.2d 135. The state appeals.

For the reasons set forth in and upon the authority of In re Louis Maro, the order appealed from is nonappealable, and the appeal must be and is dismissed.

PETERS, Presiding Judge.

BRAY and FRED B. WOOD, JJ., concur.

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