Order affirmed.
On March 23, 1937, defendant pleaded guilty to the crime of forgery in the second degree. An information was then filed against him charging him with being a second offender in that he had been convicted in Massachusetts in 1919 of the crime of forgery in the second degree. Sentence was thereafter imposed upon defendant, as a second offender, to a term of ten to twenty years. In 1949 defendant moved for resentence as a first offender on the ground...
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