People v. Banks

Defendant appeals from an order (entered September 29, 1958) denying his motion to set aside a judgment of conviction (pronounced September 3, 1958) of “Possession of a Firearm Capable of Being Concealed Upon the Person by One Previously Convicted of a Felony, in violation of Section 12021, Penal Code,” and to withdraw his plea of guilty. Defendant’s motion was upon the ground that he is not one previously convicted of felony within the meaning of section 12021 and that he pleaded guilty to the charge of violating that section “solely by reason of a mistake of fact and law.” His prior…