In re Woods

By his application for the writ of habeas corpus Alfred Woods, an inmate of Folsom Prison, seeks relief from the determination that he is an habitual criminal within the terms of subdivision (a) of section 644 of the Penal Code.

The certified abstract of judgment herein reveals that on February 25, 1959, petitioner, charged with robbery of the first degree and four prior felony convictions, pleaded guilty to the crime charged, admitted the four priors, and was thereupon adjudged an habitual criminal within the meaning of subdivision (a) of section 644 of the Penal Code. 1

*5 Of the four admitted priors, two were for offenses not within the provisions of the subdivision. The two remaining were (1) auto theft in Nebraska in 1932 and (2) burglary in Utah in 1946. For each of these a term was served in state prison.

Petitioner here collaterally attacks each of these prior convictions on the ground that he neither was advised of his right to, nor was provided with, nor expressly waived, the services of counsel before his entry of a guilty plea as to each. He here contends that Gideon v. Wainright, 372 U.S. 335 [ 83 S.Ct. 792 , 9 L.Ed.2d 799 , 93 A.L.R.2d 733 ], and subsequent cases…