People v. Superior Court

An information was filed in the Superior Court of the City and County of San Francisco which charged one Leo Buekbee with the commission of a felony, to wit, burglary, and with a prior conviction of a felony in the state of Utah. Upon his arraignment in such cause Buekbee entered a plea of not guilty and ■ denied having suffered a prior conviction. Subsequently on the day set for the trial, with the permission of the court, he withdrew the plea of not guilty and thereupon entered a plea of guilty of attempting to commit burglary, a felony. Thereafter, by stipulation by the district attorney, the court found the degree of burglary to be the second, and upon motion by' the district attorney ordered the prior conviction to be dismissed. The court then pronounced judgment, sentencing the defendant to imprisonment in the county jail of the city and county of San Francisco for a term of one year.

It is claimed by the People, represented by the attorney-general, that the court was without authority to sentence a defendant convicted of an attempt to commit burglary of the second degree other than to imprisonment in the state prison, and that its judgment is therefore void.

The present…