White

—The issue on these consolidated writs of habeas corpus and appeal is limited to an attack on the sufficiency of the evidence to support a finding that Watson White was convicted in 1971 and 1974 of felonies in the State of Missouri and served separate prison terms of at least one year for each. He does not contend the evidence is insufficient to support the finding he was convicted of each felony, or that they have not been proved to be crimes which if committed in this state would be felonies. He attacks only the lack of evidence that he actually served more than one year in prison for each offense, although the record submitted to the trial court shows he was committed on each offense to separate prison terms of two years and he stipulated to serving separate terms in state prison of more than one year.

I

Our first concern is whether White can even present the issue on this, his third, appeal. White never raised the sufficiency of evidence on which the court’s findings on these priors were based in either previous appeal, nor did he do so to the trial court. The People argue his failure to do so at trial waives the issue, but if not, his failure to raise it on either…