People v. Johnson

Eager, J. (dissenting).

The conviction and sentence of the defendant as a second felony offender is without proper basis in the record. There was nothing presented to the sentencing court to show that his alleged previous Federal offense, of which he was convicted in a United States District Court, *485was in fact in the nature of a felony; and the defendant’s plea of “guilty” does not support the conviction.

There is in the statute no provision for the taking by the court of a general plea by the defendant of “ not guilty ” or “ guilty ” to the information filed by the District Attorney charging…