In Re Bartges

I dissent.

Petitioner was convicted of one count of forgery and one count of grand theft, and it was found in the judgment of conviction that he had suffered three prior felony convictions, although two of the three priors charged against him had been dismissed on motion of the district attorney before the ease was submitted to the jury. Probation was denied, and it was ordered that the sentences on the primary counts should run consecutively. Petitioner appealed. The judgment was affirmed and became final. (People v. Bartges, 126 Cal.App.2d 763 [273 P.2d 49]. No petition for hearing was filed…