People v. Johnson

LILLIE. J.

Defendant with one Coffee was charged with burglary (§459, Pen. Code) and two prior felony (burglary) convictions. He pleaded guilty to burglary, second degree, and a probation report was ordered. Thereafter on defendant’s motion his guilty plea was set aside; he pleaded not guilty. Out of the presence of the jury he admitted the two prior felony convictions (later no disposition of these priors was made by the judge) ; the jury found him guilty of burglary, second degree, and he was sentenced to the state prison. Defendant appeals from the judgment.

On June 7, 1966, during the early…