People v. Mims

The People appeal from an order of the Superior Court granting respondent’s motion to set aside an information charging him with a violation of Penal Code, section 666 (petty theft after a previous conviction of petty theft). The motion was made and granted on the ground that respondent had been once in jeopardy.

Respondent was charged with petty theft (Pen. Code, § 488) in the municipal court. He pleaded guilty on January 20, 1955; his plea was regularly entered and the municipal judge continued the case to January 27, 1955, for judgment. On January 21, 1955, the district attorney filed a…