People v. Silverstein

DRAPEAU, J.

In 1951 defendant, Irving Silverstein, burglarized a dwelling house in the nighttime. He was apprehended, charged under subdivision (m) of section 700 of the

[141]

Welfare and Institutions Code with being a person who had violated the law of this state, made a ward of the juvenile court, and committed to the California Youth Authority.

He was confined in Preston School of Industry and in the institution at Lancaster for 15 months, and then released. Upon his release he was certified back to the juvenile court and then certified to the superior court for further proceedings.

On December 30, 1952, an information was filed in the superior court by the district attorney, charging defendant with the same burglary, and with a prior felony conviction for which he had served time in the penitentiary in the State of Idaho.

Brought to trial on this charge, defendant waived a jury, and was found guilty of first degree burglary by the trial judge. He was also found to have suffered the prior felony conviction and punishment.

Motion for a new trial was denied; probation was denied; and defendant was sentenced to the state prison for the term prescribed by law. Execution of judgment was suspended and defendant referred to the California Youth Authority. California Youth Authority rejected him. Then he was committed to the state prison in accordance with the judgment.

Defendant urges but one ground of appeal: That the trial in the superior court, the finding of guilty as charged in the information, and the sentence of defendant constitute a second punishment and a second trial for the same offense. This the State may not do.

(Ex parte Lange,

85 U.S. (18 Wall.) 163, 175 [21 L.Ed. 872];

Louisiana

v.

Resweber,

329 U.S. 459 [67 S.Ct. 374, 91 L.Ed. 422];