In Re Bartges

44 Cal.2d 241 (1955)

In re WARREN E. BARTGES, on Habeas Corpus.

Crim. No. 5643.

Supreme Court of California. In Bank.

Apr. 6, 1955.

Lowell Lyons for Petitioner.

S. Ernest Roll, District Attorney (Los Angeles), Jere J. Sullivan and Robert Wheeler, Deputy District Attorneys, for Respondent.

SCHAUER, J.

In this habeas corpus proceeding the ultimate question is whether the District Court of Appeal, after modifying consecutive sentence judgments in two consolidated criminal cases by striking out findings of two prior convictions, has power to itself implicitly determine upon the changed record whether…