People v. Lockwood

[190]

BARNARD, P. J.

The defendant was charged in a complaint filed in the municipal court with having committed the crime of armed robbery on June 26, 1956. He was also charged with two prior convictions. As to the first, it was charged that on December 18, 1952, he was convicted in the superior court of San Diego County of the crime of robbery and “committed to the California Youth Authority at Lancaster.” As to the second, it was charged that on February 4, 1955, he was convicted in the superior court of San Diego County of the crime of second degree robbery and “committed to the California Youth Authority at Lancaster. ’ ’ The defendant pleaded guilty in the municipal court and was certified to the superior court for further proceedings. In the superior court he again pleaded guilty to the main charge, admitted that he was armed at the time, and admitted the two prior convictions as charged. In its judgment sentencing the defendant to state prison the court found and adjudged that the degree of the offense was robbery in the first degree; that the defendant was armed at the time of its commission; that he had been previously convicted of the crime of robbery and had served time therefor in a state prison; that he had been previously convicted of robbery of the second degree and had served time therefor in a state prison; and that he is an habitual criminal.

The defendant has appealed from that part of the judgment which finds and adjudges him to be an habitual criminal. The question presented is as to whether or not the record with respect to the two prior convictions, as alleged and as admitted by the appellant, is sufficient to show that he is a person who has been twice convicted and has served separate terms therefor in a state prison, within the meaning of section 644, subdivision (a), of the Penal Code. Incidentally, it may be observed that while the record shows that he was twice committed to the Youth Authority at Lancaster there is nothing in the record to show that he was ever delivered to that institution or that he served any term there. The main question presented, however, is as to whether or not the California Vocational Institution at Lancaster is a state prison within the meaning of section 644, subdivision (a), of the Penal Code.

This particular question has never been decided although it has been held, with respect to certain institutions in other jurisdictions, that the fact that the institution was called a reformatory or the fact that it had some reformatory purpose