In Re Application of O'Connor

Previously to application being made to this court for a writ of habeas corpus, a petition for the same relief had been made to the superior court of Los Angeles County, which was refused.

The petitioner was convicted in the municipal court of the city of Los Angeles on three counts of a complaint, 'and was sentenced upon each. The sentence for the offense charged in the first count was a fine of one dollar, which ivas paid. The claim upon which petitioner’s release is now sought is based upon several contentions. We shall first consider the points urged as they especially concern the third count. This is predicated upon section 654b of the Penal-Code. The attack made upon the sentence imposed following the conviction upon this count is divided into two parts. It is first said that no public offense is charged therein, and, secondly, it is charged that if an offense is charged it is the same as that set forth in count one, and that the defendant having been tried, convicted, and sentenced under the last-named count, a further punishment under count 3 would be a violation of article I, section 13, of our state constitution.

We are of the opinion that count 3 states facts…