State v. Bates

— On his appeal from conviction of the grand larceny of an automobile and being a persistent violator appellant assigns two errors. The first one is that prior to the present prosecution he had been convicted of a felony three times, this would therefore be his fourth conviction, and he could not be a persistent violator because section 19-2414 I. C. A. provides that upon conviction for the third time of the commission of a felony one shall be considered a persistent violator. Obviously the legislature never intended by such statute that one would be a persistent violator upon the conviction…