In Re Williams

FRIEDMAN, J.

—Petitioner is an inmate of Folsom State Prison. His last felony conviction took place in Los Angeles County in 1963. He was at that time adjudicated a habitual criminal with six prior felony convictions. His conviction and the habitual criminality adjudication were affirmed on appeal

(People

v.

Williams,

No. 9329, Dist. Court of Appeal, 2d Dist., Div. 1, unpublished opinion dated May 25, 1966). A year later petitioner made a vain attempt to reopen his case through a motion to vacate the judgment. He then filed a petition for habeas corpus with this court. Since it appeared to us that errors of pleading and proof had characterized the habitual criminal proceeding, we issued an order to show cause for the limited purpose of inquiring into petitioner’s status under the recidivism statute, Penal Code, section 644.

1

The amended information filed in the Los Angeles Superior Court charged defendant with the following prior convictions and with service of a prison term for each:

(1) Robbery in November 1934, El Paso County, Texas.

(2) Robbery on November 27, 1938, Dallas County, Texas.

(3) Robbery with felonious assault on November 27, 1938, Dallas County, Texas.

(4) Robbery with felonious assault on April 25, 1945, Dallas County, Texas.

(5) A narcotics violation in the federal District Court in Texas in January 1952.

(6) Robbery by assault conviction in June 1956, Bexar County, Texas.

[594]

In its opinion affirming petitioner’s adjudication of habitual criminality, the District Court of Appeal enumerated these prior convictions, also describing those shown by certified prison records. The court did not inquire into the accuracy of the allegations or take note of inconsistencies discussed infra, but concluded only that petitioner had suffered at least three separate convictions of robbery for each of which he had served a separate term, thus that he qualified as a habitual criminal.