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In re Preston, No. A122583

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By FindLaw Staff on August 20, 2009 11:13 AM

In a prosecution for possessing a counterfeiting device, a denial of a habeas petition is affirmed where petitioner's sentence was proper because the question of whether a parolee has remained free of prison custody depends on whether he has either remained on parole without revocation, or been discharged from custody, preceding the required continuous five year period.

Read In re Preston, No. A122583

Appellate Information

Filed August 18, 2009

Judges

Opinion by Judge McGuinness

Counsel

For Petitioner:

J. Bradley O'Connell

For Respondent:

Rene A. Chacon, Supervising Deputy Attorney General, San Francisco, CA

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