People v. Lewis

On December 23, 1964, defendant was charged with one count of burglary, a violation of section 459 of the Penal Code. The information was amended before trial to allege six prior convictions. Defendant pled “Not Guilty” and admitted the second, third, fourth, fifth and sixth priors. On motion of the district attorney, the first prior was stricken in the interest of justice. Jury trial was duly waived. Defendant was found guilty of burglary in the second degree. Probation was denied and defendant was sentenced to state prison, from which judgment he appeals.

Sufficiency of the Evidence

Horace C.…