IN RE STEWART

Docket No. Crim. 16400.

10 Cal.3d 902 (1974)

519 P.2d 568

112 Cal. Rptr. 520

In re THURLOW JENNINGS STEWART on Habeas Corpus.

Supreme Court of California. In Bank.

March 13, 1974.


Attorney(s) appearing for the Case

COUNSEL

Cecil Hicks, District Attorney, Michael R. Capizzi, Assistant District Attorney, and Oretta D. Sears, Deputy District Attorney, for Appellant.

Frank L. Williams, Jr., Public Defender, James R. Goff and Joanne Harrold, Deputy Public Defenders, for Respondent.


OPINION

WRIGHT, C.J.

The People appeal from an order granting a petition for a writ of habeas corpus for the limited purpose of vacating and setting aside a sentence insofar as it adjudicated defendant an habitual criminal. The adjudication was based on defendant's admission of the truth of allegations of three prior felony convictions. (Pen. Code, § 644, subd. (b).)1

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