People v. McGee case brief

People v. McGee case brief summary
36 P.2d 378 (1934)

CASE SYNOPSIS

Defendant sought review of an order from the Superior Court of Kern County (California) denying a motion to vacate a judgment entered after he pled guilty to rape. The issues concerned whether a prior conviction of second degree burglary was properly included in the charge and whether defendant could have successfully pled the statute of limitations for the first time on appeal.

CASE FACTS
An information was filed charging defendant with the crime of rape. A prior conviction of second degree burglary was also charged. Defendant appeared without counsel, pled guilty, and was sentenced to imprisonment in the state prison. Defendant filed a motion to set aside the judgment, which was denied.

DISCUSSION

• On appeal, the court reversed the order. 
• The court found that the information was not filed with the statute of limitations, and no allegations setting forth an exception to the running of the statute were made. 
• Defendant raised the bar of limitations for the first time on appeal. 
• However, the court held that the statute of limitations was jurisdictional and that an indictment or information which showed on its face that the prosecution was barred by limitations failed to state a public offense. 
• Even if the statute of limitations issue was not determinative, the judgment was still improper; though not validly charged with a prior conviction, defendant was nevertheless subjected to an additional penalty by reason of a prior conviction. 
• The second degree burglary conviction was not a prior conviction under Cal. Penal Code § 969.

CONCLUSION
The court reversed the order denying defendant's motion to vacate the judgment.

Recommended Supplements for Criminal Law