Edward L. Suggs v. Lawrence E. Wilson, Warden, San Quentin State Prison

This is an appeal by a State prisoner from an order denying relief, without an evidentiary hearing, on petition for a writ of habeas corpus. The sole point raised by appellant is that he was placed in “double jeopardy” or “sentenced twice” for the same offense.

Appellant was convicted of burglary on his plea of guilty in the Superior Court of the State of California, for the County of Los Angeles, and on March 11, 1954, was sentenced to the state prison.

Under California Law, a defendant is sentenced “for the term prescribed by law.” The Adult Authority later fixes the term. California Penal Code, Sec. 5077. The term prescribed by law for burglary in the first degree is not less than five years; for burglary in the second degree, one to fifteen years. California Penal Code, Sec. 461.

The sequence of events leading to the petition for the writ are as follows: On January 22, 1954, the petitioner, represented by counsel, was before the state court for plea and at that time entered a plea of “guilty as charged in Count 1 of the Information,” which count charged the crime of burglary. The minute order of that date recites “The court finds the crime to be Burglary of the second…