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District Court of Appeal, Second District, Division 2, California.


Cr. 2815.

Decided: December 06, 1935

Gladys Towles Root, of Los Angeles, for appellant. U. S. Webb, Atty. Gen., and Paul D. McCormick, Deputy Atty. Gen., for the People.

Appellant was convicted after trial by jury on four counts of rape. In each instance the jury recommended punishment by confinement in the county jail. Thereafter the trial judge sentenced appellant to the county jail for a period of one year on each count, the sentences to run consecutively.

The sole question presented for determination is: In view of the limitation in section 19a of the Penal Code (as added by St. 1933, p. 2217, § 2), reading in part as follows, “In no case shall any person sentenced to confinement in a county or city jail on conviction of misdemeanor * * * be committed for a period in excess of one year,” was the trial court without jurisdiction to sentence appellant to the county jail for the term of one year on each count upon which he had been convicted and direct that the sentences run consecutively?

This section does not prohibit the trial judge from pronouncing sentence, but limits the commitment to a period of one year.

In the instant case, the record does not include any commitment; therefore appellant has not presented to this court an affirmative showing of prejudicial error.

The judgment is affirmed.

McCOMB, Justice pro tem.

We concur: CRAIL, P. J.; WOOD, J.

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