In Re Stroff

This is a petition for a writ of habeas corpus.

The petitioner was convicted of the crime of burglary upon an information duly filed in the superior court by the district attorney of Humboldt County pursuant to the provisions of section 809 of the Penal Code. The information charged the accused with “wilfully, unlawfully, feloniously and burglariously entering that certain store building known as Brizard Store . . . with the felonious intent then and ■there to commit the crime of theft”. His cause was regularly 'set for trial on September 4, 1928. He duly waived the right to be represented by counsel and thereupon entered his plea of “guilty of the offense charged in the information”. Having waived time for sentence, he was duly sentenced to imprisonment in the state prison at San Quentin for the term prescribed by law. The judgment of commitment which was certified by the clerk on that day fails to show that the court determined the degree of burglary as required by section 1192 of the Penal Code. The proceedings of the trial, which were fully reported and which are before this court upon this proceeding, show that the court failed to determine the degree of burglary to which…