In Re Brees

Petitioner is incarcerated in what is generally known as the Folsom Prison, by reason of a conviction in the Superior Court of Los Angeles County of first degree robbery, the judgment of that court providing for his imprisonment for the term prescribed by law and adjudging him to be an habitual criminal.

Petitioner in this proceeding does not claim that he is entitled to be released from prison, but does seek a decision that the portion of the judgment declaring him to be an habitual criminal is void and without effect, and that he should be dealt with, hereafter, as a prisoner who has not…