In re Womack

Petition for writ of habeas corpus challenging judgment adjudging petitioner to he an habitual criminal.

Questions Presented

1. May petitioner challenge a judgment obtained approximately 30 years before on ground of alleged coercion by district attorney ?

2. Did petitioner by admitting in 1965 his prior conviction waive his right to challenge the prior judgment because of alleged lack of counsel?

3. Was petitioner advised of his constitutional rights and did he waive them at the time of the 1938 judgment?

*75 Record

On November 18, 1965, judgment of conviction of violation of section 4530, subdivision (b), of the Penal Code (escape) was entered against petitioner in the Yolo County Superior Court. On the same day and in the same court, judgment of conviction after jury trial of first degree robbery and of two counts of kidnaping was also entered against him. At the same time he was adjudged an habitual criminal within the meaning of Penal Code section 644. Sentences for the convictions were ordered to run concurrently each with the other.

Petitioner had some 12 prior convictions. However, the convictions upon which the habitual criminal determination was based were: (1)…