People v. Green

Opinion

DRAPER, P. J.

Elton Green was charged with three counts of armed robbery in violation of section 211 of the Penal Code, and with three prior felony convictions. The priors were admitted, and the jury returned verdicts of guilty as to the three substantive offenses. Green was adjudged to be an habitual criminal within the meaning of subdivision (a) of section 644 of the Penal Code, and was sentenced to prison for the term provided by law. The judgment was affirmed on appeal and a hearing was denied by the California Supreme Court.

Green thereafter sought habeas corpus in the United States District Court for the Northern District of California, and on March 8, 1976, that court found the admission of the prior convictions was invalid for failure to adequately advise Green of the rights he was waiving by admitting the priors and of the consequences of that admission. The district court thereupon set aside the admission of the prior convictions and the finding of habitual criminality predicated thereon, and ordered that the Director of Corrections make no use of said finding to adversely affect either the petitioner’s eligibility for parole, or to set his minimum and/or maximum release dates.

[804]

On March 18, 1976, the district attorney sought to reinstate proceedings in the trial court, arraign Green as to the allegations of the prior convictions,- and to set the case for trial solely on the issue of the prior convictions. The trial court made a finding that it had no jurisdiction to determine the existence of the prior convictions and dismissed further proceedings in the case. The People have appealed from that order.

The sole issue on this appeal is whether the trial court has jurisdiction to arraign and tiy respondent Green on the prior convictions which were set aside in the federal habeas corpus proceeding. We hold that the trial court has such jurisdiction.

The trial court based its ruling on the fact that the order of the federal district court had not conferred jurisdiction upon and/or ordered the state court to take further action in the case. But habeas corpus action in a federal district court is a collateral action in which relief is limited to acting upon the person of a state prisoner