In Re McVickers

SPENCE, J., Concurring and Dissenting.

I concur with the conclusion reached in the majority opinion that the writ should be discharged and that the petitioner should be remanded to custody. I further concur with the conclusion *282reached therein sustaining the trial court’s adjudication that petitioner is an habitual criminal by virtue of his two prior convictions of burglary and forgery. I dissent, however, from the conclusion reached with respect to the third prior conviction of grand larceny in Utah, and from the further conclusion that “petitioner is an habitual criminal who has been…