People v. Jones

Upon his plea of guilty to a charge of forgery committed while on parole, and admission of three prior felony convictions, respondent, on May 25, 1933, was sentenced to the state prison and adjudged an habitual criminal. On December 3, 1935, and upon motion of defendant, the trial court, purporting to act under a 1935 amendment to section 644 of the Penal Code (the habitual criminal statute), made an order modifying the judgment by deleting therefrom all reference to the defendant as an habitual criminal. The amendment to the section authorized a trial court, in exceptional cases, but not…