People v. McDaniels

FOX, P. J.

By an amended information, defendant was charged with the crime of “petty theft with a prior conviction of a felony, to wit, forgery of fictitious name, in violation of Section 667,

1

Penal Code of California, a felony ...” Then follows a statement of the facts constituting the theft and the time and place of defendant’s prior conviction of ‘ ‘ forgery of fictitious name, a felony,” and the fact that he served time therefor in the state prison. It was also alleged that defendant had suffered another prior conviction in Illinois for larceny, for which he had served a term in the penitentiary. Defendant was represented by James S. Fitzpatrick, Esq. Upon arraignment, with counsel present, defendant entered a plea of guilty to “the crime of petty theft with a prior conviction of a felony.” Probation was denied and defendant was sentenced to state prison. No finding was made as to any prior conviction.

A plea of guilty is an admission of every element of the offense charged and is a conclusive admission of guilt.

(People

v.

Fritz,

140 Cal.App.2d 618, 622 [295 P.2d 449] ;

People

v.

Cooper,

123 Cal.App.2d 353, 356 [266 P.2d 566].)

Defendant argues that since the court did not make a finding that either alleged prior conviction was true, and since he did not admit either of them, he was improperly sentenced to the state prison for a felony; that he should have been sentenced at most, to the county jail for a misdemeanor— petty theft. In making this argument, defendant misconceives the nature of the charge to which he pled guilty and the effect of such plea.

[285]

Such a plea is the equivalent of a verdict of a jury.

(People