Majority
p. 817[Crim. No. 739. First Appellate District. March 25, 1918.] Ex Parte JAMES CARRERA on Habeas Corpus.
Headnote
Criminal Law—Indeterminate Sentence—Offense Prior to Enactment—Pronouncement of Proper Judgment.—Upon the authority of Fx parte Fee, 177 Cal. 690 , [ 171 Pae. 958 ], the petitioner herein remanded to custody of sheriff for judgment by the superior court upon his conviction.APPLICATION for a Writ of Habeas Corpus originally made to the District Court of Appeal for the First Appellate District.
The facts are similar to those stated in the opinion in Ex parte Lee, 177 Cal. 690 , [ 171 Pac. 958 ].
Edwin V. McKenzie, and Hyman Levin, for Petitioner.
U. S. Webb, Attorney-General, and Frank L. Guerena, Deputy Attorney-General, for Respondent.
Pursuant to the ease of Ex parte Lee, 177 Cal. 690 , [ 171 Pac. 958 ], it is ordered that the warden of the prison at San Quentin deliver the petitioner to the sheriff of Los Angeles County, to whose custody he is remanded ; and that the superior court of that county take such steps as may be necessary to bring the petitioner, James Carrera, before it, and pronounce judgment upon his conviction heretofore had.