People v. Kildare

Defendant moves for an order to set aside the sentence imposed upon him as a second felony offender, and for a resentence.

The basis of this motion is that defendant was sentenced as a second felony offender on the previous conviction for a crime to which he had not pleaded guilty; consequently, he declares that the present sentence, as it now stands, is erroneous, and therefore, “ this court issue an order for the purpose of correcting the record.”

The gist of defendant’s contention is that the previous conviction should not have been for the lesser crime of an attempt feloniously to possess a…