People v. Williams

After sundry amendments and consolidations, defendant ultimately went to trial on an information charging two counts of burglary, with six prior felony convictions. He pled guilty to count one, but denied the prior convictions. The second count was dismissed, the court found the prior felony convictions to be true, denied probation, fixed the degree of crime as burglary in the second degree, and sentenced appellant to prison for the term prescribed by law. He has appealed from the judgment of conviction.

In view of the plea of guilty, no matter relating to defendant’s guilt is before us. His appeal challenges only the proof of the prior convictions and the manner of acting on the probation report.

I

After defendant had pled guilty, he and his counsel duly waived jury trial as to the prior felony convictions and, through his counsel, accepted a stipulation tendered by the deputy district attorney and couched in the following language : “ ... the People will stipulate that as to those six priors the Court may determine them at the time of P & S from any information furnished the court by either counsel, that is, counsel for the defendant, myself, or the Probation Department.

The…