In Re Lucas

Frank Lucas was found guilty, by a jury June 4, 1945, in the superior court for Franklin county, of the crime of attempted sodomy. On September 17, 1945, he was found by a jury to be an habitual criminal within the meaning of the first paragraph of Rem. Rev. Stat., § 2286 [P.P.C. § 112-61], which provides that one adjudged to be an habitual criminal shall be punished by imprisonment in the state penitentiary for not less than ten years.

On October 16; 1945, judgment was entered sentencing Lucas to confinement in the Washington state penitentiary for the period of ten years. On the same day,…