People v. Spencer

The issue presented on this appeal is whether a defendant, who allegedly was not apprised of his statutory right to attack the constitutionality of his two predicate-felony convictions at the time of his resentencing for his third-felony conviction, is entitled to be resentenced or, alternatively, to a hearing, when his petition for a writ of error coram nobis is factually bare to support his allegation of the unconstitutionality of the predicate convictions.

The essential facts are not in dispute. In 1947, respondent Spencer entered a plea of guilty for the crime of attempted burglary in the…