People v. Sukovitzen

WOOD (Parker), J.

Defendant's notice of appeal states that “he appeals from the findings of the court relative to the little habitual act, which is under Section 644a of the Penal Code.”

The information herein charged that defendant committed robbery in Los Angeles County on November 8, 1954, and at that time he was armed with an automatic pistol. He pleaded guilty. The court determined that it was robbery of the first degree. Defendant denied the allegations of the information that he had been previously convicted of felonies. Trial by jury, as to the issue of prior convictions, was waived.

The court found that it is true, as alleged in the information,

[160]

that defendant had been previously convicted of felonies, and had served terms therefor in state prisons, as follows: Violation of the Dyer Act—convicted in 1938 in the State of Nevada. Forgery—Convicted in 1940 in San Francisco. Robbery—convicted in March, 1943, in Nevada County, California (the documentary evidence shows that the conviction was in April, 1943). Robbery—convicted in 1944 in Sacramento. Robbery and petty theft with prior conviction of felony—convicted in May, 1943, in San Francisco.

The court also found that defendant had served separate terms for two of the prior robbery convictions. (The court did not specify the two prior convictions so referred to.) Also, the court found and declared that, under section 644, subdivision (a), of the Penal Code defendant was an habitual criminal.

Said section 644, subdivision (a), provides in part as follows: “Every person convicted in this State of the crime of robbery . . . [here several other crimes are designated], who shall have been previously twice convicted upon charges separately brought and tried, and who shall have served separate terms therefor in any state prison . . . either in this State or elsewhere, of the crime of robbery, burglary, burglary with explosives, rape with force or violence, arson, murder, assault with intent to commit murder, grand theft, bribery of a public official, perjury, subornation of perjury, train wrecking, feloniously receiving stolen goods, felonious assault with a deadly weapon, extortion, kidnaping, mayhem, escape from a state prison, rape or fornication or sodomy or carnal abuse of a child under the age of 14 years, or any act punishable under Section 288 of this code, conspiracy to commit any one or more of the aforementioned felonies, shall be adjudged a habitual criminal and shall be punished by imprisonment in the state prison for life.”