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WRIGHT v. CRAVEN

No. 71-1949.

461 F.2d 1109 (1972)

Roland Wayne WRIGHT, Plaintiff-Appellee, v. Walter E. CRAVEN, Warden, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

June 19, 1972.

Attorney(s) appearing for the Case

Don Jacobson, Deputy Atty. Gen. (argued), Don Johnson, Deputy Atty. Gen., Evelle J. Younger, Atty. Gen., San Francisco, Cal., for defendant-appellant.

Charles G. Miller (argued), of McKenna & Fitting, San Francisco, Cal., for plaintiff-appellee.

Before KOELSCH, HUFSTEDLER and GOODWIN, Circuit Judges.

PER CURIAM:

The District Court, in this habeas corpus action, ruled that under California law an admission by a defendant of prior felony convictions, where those convictions are to be used to enhance his sentence on the present offense, is the "functional equivalent" of a plea of guilty to a separate charge [see, Womack v. Craven, 431 F.2d 1191, 1192 (9th Cir. 1970)], and, therefore, it may not be accepted unless the defendant understands...

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