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People v. Superior Court

Court of Appeal of California, Second District, Division One
Dec 5, 1933
135 Cal.App. 562 (Cal. Ct. App. 1933)

Opinion

Docket No. 9346.

December 5, 1933.

PROCEEDING in Mandamus to compel the Superior Court of Los Angeles County to vacate a judgment of conviction and pronounce a new judgment according to law. Writ granted.

The facts are stated in the opinion of the court.

Buron Fitts, District Attorney, and Frank W. Stafford, Deputy District Attorney, for Petitioner.

Everett W. Mattoon, County Counsel, and S.V.O. Prichard, Deputy County Counsel, for Respondents.


THE COURT.

In an action against one Oliver, the defendant was convicted of attempted grand theft, with two prior convictions of other offenses. Respondent court sentenced Oliver to a term of one year in the county jail. It is the contention of the district attorney that under the circumstances of the case, the court was without authority to impose a misdemeanor sentence, and that the punishment required to be imposed is by way of sentence to a term in the state prison.

[1] Apparently the respondent has been convinced that it was in error, for we have presented to us a stipulation that the peremptory writ of mandate may issue. On examination of the authorities — particularly referring to Penal Code, sections 489 and 664, and People v. Superior Court, 116 Cal.App. 412 [ 2 P.2d 843], and Ex parte Hope, 59 Cal. 423 — we are satisfied that this court should approve the stipulation thus made.

Let the peremptory writ issue.


Summaries of

People v. Superior Court

Court of Appeal of California, Second District, Division One
Dec 5, 1933
135 Cal.App. 562 (Cal. Ct. App. 1933)
Case details for

People v. Superior Court

Case Details

Full title:THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY et…

Court:Court of Appeal of California, Second District, Division One

Date published: Dec 5, 1933

Citations

135 Cal.App. 562 (Cal. Ct. App. 1933)
27 P.2d 670

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