(concurring).
I concur, but make this comment: The statement in the opinion (in the paragraph following the quotations from the record) to the effect that under the statute in question, after the trial judge decides upon com*378mitment to prison, “ * * * then the legislative intent requires incarceration for at least three years * * might possibly be understood, or may be seized upon and urged by counsel in other cases, as an affirmative declaration by this court that “the legislative intent requires incarceration for at least three- years.” It should be clearly understood that that question is not decided in this case. It is my view, which I have the impression is shared by other members of the court, that such provision of the statute impinges upon and is subordinate to the prerogative of the Board of Pardons conferred by Section 12, Article VII, Utah Constitution. However, as pointed out in the opinion, neither the Board of Pardons nor any action taken or threatened by it is involved in this case, so nothing is actually decided with respect thereto.