Tucker

Defendant appeals from judgment and sentence following conviction of violation of Vehicle Code section 23105, driving a vehicle while being addicted to the use of narcotic drugs. The information which charged defendant with the offense also charged two prior convictions of felony, one on November 14, 1955, the crime of possession of narcotics in violation of Health and Safety Code section 11500; and the second, the crime of burglary in violation of Penal Code section 459, on October 20, 1955. Defendant pleaded not guilty to the offense charged in the information, and denied each of the alleged prior convictions of a felony.

On the morning of trial counsel for defendant asked for and were granted a conference in chambers. Counsel advised the court that in their opinion the two alleged prior convictions of felony were actually misdemeanor convictions since defendant had been committed to the Youth Authority in each ease. Counsel for defendant cited section 17 of the Penal *393 Code, which defines felony and misdemeanor convictions. They contended this section, which was amended in 1959 to change the effect of a commitment to the California Youth Authority from that of a felony…