People v. Lozano Díaz

in which Mr. Justice Belaval and Mr. Justice Hernández Matos concur.

San Juan, Puerto Rico, June 28, 1963

■ On October 28, 1958, the Caguas Part of the Superior Court convicted Pablo Lozano Diaz of subsequent burglary-in the first degree and sentenced him to serve from 2 to 15 years’ imprisonment in the penitentiary at hard labor. On October 5, 1961, almost three years after entering upon execution of the sentence, which was final since it had not been annulled at the instance of defendant, the Superior Court reopened the criminal prosecution, recalled him, and imposed a sentence of 10 to 12…