People v. Toler

Defendant was heretofore directed to be produced before this court for resentence upon a conviction of the crime of forgery, second degree, rendered against him May 24,1937. On that date, defendant was adjudicated a fourth felony offender and sentenced accordingly. The original sentence was vacated on the ground that the statutory inquiry, pursuant to section 480 of the Code of Criminal Procedure, was not made when defendant was actually called for sentence.

Defendant, here represented by assigned counsel, upon being called for resentence moves in arrest of judgment by way of a demurrer to the…