Hayes

People v. Hayes

Good Law
1935 Cal. App. LEXIS 1272·9 Cal. App. 2d 157·49 P.2d 288
Court of Appeal of CaliforniaSeptember 13, 1935Crim. 2746California1,267 words

Opinion

Opinion

Fricke, J.

Appeal from order denying a motion to set aside two judgments.

Appellant was on May 25, 1928, convicted in the Superior Court in and for the City and County of San Francisco of the crime of first degree robbery and sentenced to imprisonment in the state prison at Folsom. After having begun service of his term under said sentence, and having on March 22, 1929, been indicted in Los Angeles County upon robbery charges, appellant was brought before the Superior Court at Los Angeles and there entered pleas of guilty to two counts of robbery, each of which the court found to be a robbery of the first degree, and thereupon on April 26, 1929, the court pronounced judgment sentencing appellant on each conviction to the state prison at Folsom. No appeal was taken from either of these judgments. In April, 1935, appellant filed a notice of motion in the Superior Court in and for Los Angeles County to vacate and set aside the judgments of that court. This motion was denied.

Appellant contends that the sentences imposed by the Superior Court at Los Angeles are ambiguous and uncertain in that they fail to state when they shall commence, and that if they commence upon the termination of the…

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