gno.law

People v. Superior Court

California Court of Appeal · Docket No. 9346. · 1933-12-05 · Published · 27 P.2d 670 · 135 Cal. App. 562 · 1933 Cal. App. LEXIS 257

The People v. the Superior Court of Los Angeles County

Outcome
writ granted — 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.
Area
criminal

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion

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.

Cites, in this corpus

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