429 P.2d 262 | Utah | 1967
Appeal from a denial of a petition for writ of habeas corpus. Affirmed.
The jury found Clark guilty of burglary, his third felony conviction, and then found him guilty of being an habitual criminal under our statute.
Clark says this sentencing was a violation of. the Fifth .Amendment to the United States Constitution with respect to-double jeopardy, the only point on appeal. The simple answer to this contention is that right or wrong sentencing has nothing to-do with double jeopardy as is clearly enunciated in the authorities, particularly in Holiday v. Johnston
Although unnecessary to determine this case, there was some argument anent the propriety of the sentencing. Although being an habitual criminal is not a crime* but a status,
. Utah Code Ann.§ 76-1-18 (1953).
. 313 U.S. 342, 61 S.Ct. 1015, 85 L.Ed. 1392 (1941).
. 372 U.S. 734, 83 S.Ct. 1033, 10 L.Ed. 2d 100 (1963).
. See note 1; State v. Russum, 107 Utah 94, 152 P.2d 88; State v. Wood, 2 Utah 2d 34, 268 P.2d 998 (1954).