Green

Elton Green was charged with three counts of armed robbery in violation of section 211 of the Penal Code, and with three prior felony convictions. The priors were admitted, and the jury returned verdicts of guilty as to the three substantive offenses. Green was adjudged to be an habitual criminal within the meaning of subdivision (a) of section 644 of the Penal Code, and was sentenced to prison for the term provided by law. The judgment was affirmed on appeal and a hearing was denied by the California Supreme Court.

Green thereafter sought habeas corpus in the United States District Court for the Northern District of California, and on March 8, 1976, that court found the admission of the prior convictions was invalid for failure to adequately advise Green of the rights he was waiving by admitting the priors and of the consequences of that admission. The district court thereupon set aside the admission of the prior convictions and the finding of habitual criminality predicated thereon, and ordered that the Director of Corrections make no use of said finding to adversely affect either the petitioner’s eligibility for parole, or to set his minimum and/or maximum release…