People v. Smith

NUTTER, J. pro tem. *

Appellant herein was convicted of two counts of second degree burglary of two stores. He was committed to the Department of Corrections under section 3051 of the Welfare and Institutions Code. A petition for writ of habeas corpus was denied; criminal proceedings were reinstated and he was sentenced to state prison for the term prescribed by law.

Appellant’s contentions on appeal are confined to errors of law allegedly committed by the trial judge, Appellant contends that it was erroneous for the court to consider prior convictions in the absence of proof that appellant was…