Strickler

The justices of the district court of appeal of the second district being unable to agree in this case, the cause was transferred regularly to this court, with the opinions of the justices of the district court thereon. The defendant contends that the withdrawal of a plea of not guilty and the making of a plea of guilty to the charge does not give the superior court power to pronounce judgment against him, in a case where he had also entered a plea of former acquittal and a plea of former jeopardy, until these additional pleas were withdrawn or determined in favor of the people, even if he does not make the objection at or before the time of sentence, or at all, in the lower court. We adopt the opinion of Mr. Justice James. It is as follows:

The judgment is affirmed.

Beatty, C. J., does not participate in the foregoing.