Fewkes

The defendant was convicted on October 10, 1930, of the crime of grand theft. Application for probation was made and denied. Judgment was pronounced on December 8, 1930. An appeal from the judgment and from an order denying a motion for a new trial was taken on that day. The judgment and order were affirmed on October 24, 1931. (People v. Fewkes, 214 Cal. 142 [ 4 Pac. (2d) 538 ].) Pending the appeal and on December 11, 1930, the district attorney, acting pursuant to the provisions of section 969a of the Penal Code as amended in 1927, filed a supplemental information charging the defendant with a prior conviction of a felony in New Mexico. On arraignment the defendant denied the prior conviction. Trial by jury was waived on this issue and the trial thereon was by agreement set for February 27, 1931. When the matter came on for hearing the defendant admitted the prior conviction. The court found the allegations of the supplemental information to be true, and forthwith ordered that the judgment be modified by adding thereto the following paragraph: “The court finds defendant suffered a prior conviction of a felony and that he served a term of imprisonment in a penal institution…