The defendant was convicted in this court on October 23, 1946, by a jury, of the crime of grand larceny in the second degree, and was sentenced thereon as a third felony offender, to a term of not less than 5 nor more than 10 years.
Although on this application, defendant asks the court for the invalidation of a judgment of conviction, in fact, the defendant's motion is for a resentence, and it will be treated as such.
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