Opinion
Thomas G. Schebler and James B. McGrath, Davenport, for appellant.
Evan Hultman, Atty. Gen., and John H. Allen, Asst. Atty. Gen., for appellee.
PER CURIAM.
Defendant was charged by county attorney's information with the crime of breaking and entering in violation of section 708.8, Code, 1962, I.C.A. The information also alleged defendant had theretofore at least twice been convicted of crimes, sentenced and committed to prison therefor in this or other states for terms of not less than three years each and that upon conviction of the crime therein charged defendant should be sentenced according to the terms of Code section 747.5, I.C.A. which provides for a term of not more than 25 years. Three such former convictions in Illinois were alleged. Defendant pleaded not guilty, was tried before court and jury, found guilty of breaking and entering and of the three previous convictions, and was sentenced to an indeterminate term not to exceed 25 years in the men's penitentiary at Fort Madison and ordered to pay the costs.
Defendant's appeal comes to us upon a clerk's transcript which reveals no error. Hence the judgment is--Affirmed.