Paul K. Imbler v. Arthur L. Oliver

DUNIWAY, Circuit Judge: Imbler's petition for a writ of was denied by the District Court without a hearing. The sole ground was that the petition
was premature. The factual basis for the ruling can be briefly stated: On September 4, 1958, Imbler was convicted in the Superior
Court, Orange County, California, of grand theft (Cal.Pen.C. §§ 484, 487) and sentenced for the term prescribed by law, maximum
10 years. He is still serving that sentence, and does not attack the validity of that conviction. On February 6, 1961, he
was convicted in the Superior Court, Los Angeles County, of robbery in the second degree (Cal.Pen.C. § 211), and similarly
sentenced. The maximum sentence is life, (Cal.Pen.C. § 671) and no shorter term has been fixed by the Adult Authority. He
is also serving that sentence and does not attack the validity of that conviction. On April 10, 1961, he was convicted in
the Superior Court, Los Angeles County, of murder in the first degree (Cal.Pen.C. § 187), for which the penalty was fixed
at death, and assault with a deadly weapon (Cal.Pen.C. § 245), 11, 1965, the death sentence was reduced to life imprisonment,
following the granting of a writ of by the California Supreme Court. (In re Imbler, 1964, 61 Cal.2d 556, 39 Cal.Rptr. 375,
393 P.2d 687.) He is also serving these sentences. All sentences are running concurrently. But for the life sentence for murder,
Imbler would now be eligible for parole on the other convictions. He is not eligible for parole on the murder conviction until
1969.