People ex rel. Friedman v. Kaiser

On November 12, 1926, David Meshel, after being indicted and convicted as a fourth offender, was sentenced to prison for his natural life.

It appears from the petition, commitment, court and prison records submitted upon the return of this writ that sentence was suspended on the second offense, which also constituted the second count of the indictment.

But increased punishment prescribed for persons previously convicted cannot be imposed unless the conviction is followed by final judgment on sentence. This particularly and specifically applies to fourth offenders. (People v. Schaller, [1928]…