People v. Broderick

This is an application for an order to resentence the defendant as a second felony offender rather than a third felony offender upon a judgment dated April 29, 1960, which convicted defendant on his own plea of guilty of attempted possession of burglar’s tools as a felony and sentenced the defendant as a third felony offender to a term of imprisonment of 5 to 7 years.

It is well to note that even if this defendant is successful on this application and resentenced as a second felony offender instead of a third felony offender, the court would not be compelled to reduce the sentence. The…