Shaw

Defendant was accused by an information filed by the district attorney of Frenso County of the owner ship and possession by an ex-convict of a firearm capable of being concealed upon his person, with appropriate allegations of prior convictions of felonies. Upon arraignment he entered a plea of not guilty to the charge and admitted three prior convictions. Fifteen days later he again appeared in court with his counsel, withdrew his. plea of not guilty to the change and entered his plea of guilty thereto. Thereupon the court pronounced judgment, finding him an habitual criminal and sentencing him to life imprisonment in the penitentiary at Folsom.

The sole point for determination on this appeal is presented by the judgment contained in the clerk’s transcript in which it was found and determined that defendant had suffered three prior convictions. It appears from the stenographic report of the proceedings at the time of sentence that the trial judge did not specifically find that defendant had suffered three prior convictions of felonies with confinements in the penitentiaries resulting therefrom.

The information contains allegations of four prior convictions. The first was on…