Wright

ORDER GRANTING WRIT OF HABEAS CORPUS

An “habitch” in California prison parlance is an inmate subject to a mandatory life sentence following a finding of habitual criminality as defined by Calif.Pen.Code, § 644(b).

Petitioner is an “habitch”. A 1962 information, charging him with various offenses including robbery and carrying a concealed weapon, also recited six prior convictions suffered by him. Petitioner admitted the priors, following which a jury found him guilty of the principal offenses. On January 16, 1963, petitioner was sentenced as a recidivist.

At no time prior to sentencing was petitioner apprised in open court that he could be convicted as a recidivist. The information did not invoke § 644 (b), and petitioner’s admission was taken without any reference to the fact that it left him open to a finding of habitual criminality. On the day of judgment, this finding was made and petitioner was sentenced to the term “prescribed by law”. The term prescribed by Calif.Pen.Code. § 644(b) is imprisonment for life.

Petitioner alleges that his admission of the priors was the equivalent of a plea of guilty, that the plea was taken without any notice of the recidivism charge or of…