People v. Kelly
California Supreme Court
APPEAL from a judgment of the Superior Court of the City and County of San Francisco and from orders denying a new trial and denying a motion in arrest of judgment. William T. Wallace, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtVan Fleet, J.
The single point made by appellant for a reversal is that the judgment is void because the punishment imposed is in excess of that prescribed by the statute for the offense of which he was convicted. The conviction was of burglary in the second degree, for which the maximum penalty is five years’ imprisonment in the state prison, while the judgment imposes an imprisonment of ten years. But section 666 of the Penal Code provides that, where a person has been previously convicted of an offense punishable by imprisonment in the state prison, and thereafter commits any offense which upon a first…
2Cases cited4 opinions
- Ex parte KearnyCalifornia Supreme Court · 1880
- People v. JohnsonCalifornia Supreme Court · 1886
- Ex Parte MurrayCalifornia Supreme Court · 1872
- People v. GainesCalifornia Supreme Court · 1877
3Cited by10 opinions
- People v. RhodesCalifornia Court of Appeal · 1934
- Ex Parte Monckros Von VetseraCalifornia Court of Appeal · 1907
- Ex Parte ShockleyCourt of Criminal Appeals of Oklahoma · 1943
- People v. ParkerCalifornia Court of Appeal · 1931
- People v. ToneyCalifornia Court of Appeal · 1961
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