People v. Simms

TUTTLE, J.

Defendant was charged in an amended complaint issued in the justice’s court of Woodland Township,

[467]

Yolo County, California, with, the crime of burglary, a felony, and with two prior convictions of burglary, both felonies, in Colorado. The prior convictions are charged as follows:

“That before the commission of the offense hereinabove set forth in this amended complaint, said defendant, Charles 0. Simms, was, under the name of Charles Doody, in the District Court of the State of Colorado, in and for the County of Boulder, convicted of the crime of burglary, a felony, and the judgment of said court against said defendant in said conviction was, on or about the 21st day of April, 1930, pronounced, rendered, given and made, and has never been reversed, annulled or set aside, and on the 21st day of April, 1930, defendant, Charles 0. Simms, was sentenced by said court to a term of not less than one and one-half years, and not more than three years, and said defendant served said term of imprisonment therefor in the Colorado State Penitentiary at Canon City, Colorado. That before the commission of the offense herein above set forth in count one of this amended complaint, said defendant, Charles 0. Simms was, under the name of Charles Doody, in the District Court of the State of Colorado, in and for the County of Boulder, convicted of the crime of burglary, a felony, and the judgment of said court against said defendant in said conviction was, on or about the 24th day of September, 1932, pronounced, rendered, given and made, and has never been reversed, annulled, nor set aside, and on the 24th day of September, 1932, defendant, Charles 0. Simms, was sentenced by said court to a term of not less than four years, and not more than eight years, and said defendant served said term of imprisonment therefor in the Colorado State Penitentiary, at Canon City, Colorado. ’ ’

Defendant appeared with counsel in said justice’s court and pleaded guilty to all the counts in the complaint. Thereafter, on April 29, 1940, and under the provisions of section 859a of the Penal Code, defendant appeared in the superior court with his counsel. It was then stipulated that the crime of burglary charged in the first count of the complaint, was of the second degree. The court then adjudged defendant to be an habitual criminal, and sentenced him to be confined in Folsom Prison.