People v. Lohr

WOOD, J.

The defendant entered a plea of guilty to the charge of forgery. The information contained two separate charges of former convictions of felonies in the following language: ‘ ‘ That before the commission of the offense herein-above set forth in this information, said defendant, Franklin H. Lorh (under the name of Frank Henry Lohr), was, in the District Court of the United States, in and for the Southern District, Central Division, of the State of California, convicted of the crime of Dyer Act, a felony, and the judgment of said Court against said defendant, in said connection, was, on or about the 12th day of March, 1932, pronounced and rendered, and said defendant served a term of imprisonment therefor in the Federal Prison. That before the commission of the offense hereinabove set forth in this information; said defendant, Franklin H. Lohr (under the name of Frank H. Lohr), was, in the District Court of the United States, in and for the State of Texas, convicted of the crime of Dyer Act, a felony, and the judgment of said Court against said defendant, in said connection, was, on or about the 6th day of August, 1933, pronounced and rendered, and said defendant served a term of imprisonment therefor in the Federal Prison. ’ ’

The defendant admitted the convictions on the charges of prior convictions of the felonies mentioned in the information. The trial court thereupon adjudged defendant to be an habitual criminal and directed that' he be punished by imprisonment in the state prison at Folsom for the term prescribed by law.

The defendant now contends that the convictions which he admitted were not convictions of such felonies as must be established to justify the trial court in adjudging him an habitual criminal in accordance with section 644 of the Penal Code, which provides in part as follows: “Every person convicted in this state of any felony who shall have been pre

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viously twice convicted upon charges separately brought and tried, and who shall have served separate terms therefor in any state prison and/or federal penitentiary, 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, forgery, conspiracy to commit any one or more of the aforementioned felonies, shall be adjudged an habitual criminal and shall be punished by imprisonment in the state prison for life and shall not be eligible for release on parole until he shall have served a minimum of at least twelve years. ’ ’