People v. McRae

Judgment rendered April 19, 1968, unanimously reversed on the law and the case is remitted to the court below for further proceedings and for resentencing. The defendant, after his guilty plea, was arraigned on a prior information. He admitted the identity, but stated that he thought lie *773had entered a plea to a misdemeanor and not a plea of guilty to a felony. We accept this as a challenge to the prior conviction on the ground it had been unconstitutionally obtained. The .sentencing court, however, adjudged the defendant a second felony offender and imposed a second felony sentence, without a…