Moore
People v. Moore
Opinion
Opinion
Roth, J.
Defendant by information was charged with a felony, to-wit, receiving stolen goods, and with four prior convictions of felonies in other states. He the prior convictions and was convicted on the primary charge and sentenced as an habitual criminal. From this judgment he appealed. (People v. Moore, 137 Cal. App. 130 [ 30 Pac. (2d) 79 ].) The judgment was affirmed, and thereafter, he petitioned the superior court in which he had been tried and convicted, for the issuance of a writ of error, coram nobis. The point of the petition is that three of the prior convictions with which defendant was charged, which he had admitted and for which he had served terms of imprisonment in the penitentiaries of other states, were not felonies in this state. (Pen. Code, secs. 644, 668; People v. Shaw, 137 Cal. App. 533 [ 30 Pac. (2d) 1031 ]; People v. Pace, 2 Cal. App. (2d) 464 [ 38 Pac. (2d) 202 ]; People v. Fitzwater, 3 Cal. App. (2d) 187 [ 42 Pac. (2d) 1044 ]; People v. Bigelow, 94 Cal. App. 28 [ 270 Pac. 460 ].) Defendant avers in his petition that he was ignorant of the legal effect of these prior convictions under the law of this state, as set forth in the foregoing code sections and cases, at…