In Re Fontino

On the seventeenth day of March, 1928, the above-named petitioner was arraigned upon an information in the Superior Court of the County of Riverside, charging that on or about the fifth day of February, 1928, he committed the crime of receiving stolen goods, a felony. The same information charged that the prisoner, on the twelfth day of April, 1925, had been convicted of the crime of burglary, and sentenced to a term of three years in the state penitentiary in the state of Oklahoma; also, that on or about the twelfth day of October, 1922, the defendant had been convicted of the crime of larceny and sentenced to a term of not over two years’ imprisonment in the state of Oregon. Thereupon the defendant was taken to and has been incarcerated in the state prison at Folsom.

On the twenty-third day of March, 1933, upon an affidavit of the district attorney alleging that the petitioner was not sentenced under the provisions of section 644 of the Penal Code, as an habitual criminal, the Superior Court of the County of Riverside, on the twenty-seventh day of March, 1933, entered an order purporting to amend its judgment theretofore entered in this cause, and sentenced the defendant to be…