California Courts of Appeal, 1933

People v. Superior Court

California Courts of Appeal · Decided December 5, 1933

27 P.2d 670; 135 Cal. App. 562; 1933 Cal. App. LEXIS 257 (Pacific Reporter, Second Series)

Cases that cite this one

5 later published cases cite this decision.

People v. Cabral (Cal. Ct. App. 1975)
People v. Bell (Cal. Ct. App. 1971)
People v. Massengale (Cal. Ct. App. 1970)
People v. Phillips (Cal. Ct. App. 1946)
People v. Superior Court (Duran) (Cal. Ct. App. 1978)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.