People v. Spalis

Defendant appeals from an order denying his motion to set aside an adjudication determining that he is an habitual criminal and sentencing him to life imprisonment. The motion was based on the ground that the trial court exceeded its jurisdiction in sentencing defendant under the habitual criminal statute (§ 644, Pen. Code), for the reason that there was no allegation in the information upon which the adjudication was predicated nor proof at the trial, as allegedly required by the statute, that defendant had served terms in a state or federal prison upon the three previous convictions charged…