In Re Kingsbury

ADAMS, P. J.

—On March 23, 1944, an information was filed against petitioner in Los Angeles County, charging him with four counts of grand theft: (1) On June 12,1943, obtaining from Edward Lunsman, the sum of $500; (2) on June 16, 1943, obtaining from the same victim, the sum of $1,000; (3) on June 18, 1943, obtaining from the same victim, the sum of $750; (4) on June 25, 1943, obtaining from the same victim, the sum of $375. The information also charged petitioner with four prior convictions, and service of terms therefor in state prisons. One of the priors was later dismissed on motion of the district attorney.

Petitioner entered his plea of not guilty to the charges in each of the four counts and denied the prior convictions alleged. A jury found him guilty on all four counts of grand theft and also found him guilty of the three prior convictions. He moved for a new trial and his motion was denied. He was adjudged to be an habitual criminal and sentenced to the state prison for the term prescribed by law on each count, it being ordered by the trial court that the sentences on counts 1 and 2 should run concurrently and that the sentences on counts 3 and 4 should run concurrently, but that the term for which he was sentenced on counts 3 and 4 should follow the term of the sentences on counts 1 and 2.

As the ground for adjudging petitioner an habitual criminal each of the judgments of the trial court recited:

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And the jury having found the allegation of first, second, and third prior convictions of felonies as alleged in the information true, to-wit: Issuing Check Without Sufficient Funds, a felony, convicted in the Superior Court of the State of California, Los Angeles County, upon which judgment was rendered on or about September 20, 1913, and having served a term of imprisonment therefor in the State Prison; Obtain

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ing Money by False Pretenses, a felony, convicted in the Circuit Court of the State of Maryland, Baltimore County, upon which judgment was rendered on or about May 9, 1916, and having served a term of imprisonment therefor in the State Prison; and Obtaining Money by False Pretenses, a felony, convicted in the Circuit Court of the State of Illinois, Rock Island County, upon which judgment was rendered on or about March 20, 1928, and having served a term of imprisonment therefor in the State Prison. ’ ’