Stratton

This cause is before us upon an appeal by the defendant from an order and judgment of the trial court fixing and determining, after the taking of testimony, the degree of the offense of robbery of which the defendant had theretofore pleaded guilty. This proceeding was taken and had' pursuant to the directions of this court set forth in a former appeal by the defendant from a judgment finding him guilty upon an information charging three separate offenses, two offenses being burglary and one offense being robbery; also, charging the defendant with having been formerly convicted of a felony and having served a term in the state prison in the state of Nevada therefor. To all of the offenses set forth in the information the defendant entered a plea of guilty.

The court, as appears by the record, without any testimony being taken therefor, found the defendant guilty of robbery in the first degree. To correct this error the judgment of the court, so far as it found the defendant guilty of robbery in the first degree, was reversed and the cause remanded for the sole purpose of having the degree of robbery fixed and sentence pronounced in accordance with the degree of the crime so…