People v. Stroff

PLUMMER,, J.

On September 4, 1928, the defendant

pleaded guilty to the crime of burglary, with which he was regularly charged and sentenced to imprisonment in the state prison at San Quentin. The record shows that at the time of passing sentence the court failed to designate whether the offense to which the defendant had pleaded guilty was burglary in the first or second degree. Thereafter, and in May, 1933, after hearing upon the appellant’s petition for a writ of habeas corpus, this court remanded the appellant to the trial court in order that the degree of the offense to which the appellant…