In Re Hernandez

TRAYNOR, C. J.

-Petitioner was convicted of first degree robbery (Pen. Code, §§ 211, 211a) in a nonjury trial on an information charging him with a prior felony conviction in Arizona. He denied the prior conviction, and evidence of it was admitted at the trial. (Pen. Code, § 1025.

1

) The trial

[851]

court found that petitioner was guilty of robbery, that the offense was robbery in the first degree because an accomplice was armed with a deadly weapon, and that petitioner had suffered the prior felony conviction. It denied probation and sentenced petitioner to prison. On appeal the Attorney General conceded that the prior conviction had not been proved, because it could not be determined from the Arizona records that the offense would have been a felony if committed in California. (See Pen. Code, § 1203.) The District Court of Appeal affirmed the conviction but modified the judgment to strike the prior conviction.

(People

v.

Hernandez,

nonpublished opinion, District Court of Appeal, 2 Crim. 9864, July 7, 1965.) We denied a petition for hearing.

In this habeas corpus proceeding petitioner contends that he was denied due process of law by reason of the admission of evidence of his prior conviction and that the District Court of Appeal should have reversed the judgment and remanded the case for resentencing when it found that the prior conviction had not been proved.

There is no merit in petitioner’s contention that he was denied due process of law. Even if a jury might be unable under some circumstances to disregard a defendant’s prior convictions in determining his guilt or innocence of the crime charged (see

Lane

v.

Warden, Maryland Penitentiary

(4th Cir.) 320 F.2d 179;

Jackson