People v. Cookingham

In May, 1940 petitioner was convicted of grand larceny in the second degree and imposition of sentence of two and one-half years to five years was suspended and he was placed on probation for five years. In June, 1954 petitioner pleaded guilty to another charge of grand larceny, second degree, and the District Attorney filed an information charging petitioner with being a second offender and he was sentenced accordingly.

Petitioner now contends that he should not have been sentenced as a second offender by reason of the fact that his previous conviction resulted in a suspended sentence. The…