People v. Stapleton

GRIFFIN, J.

Defendant, while represented by counsel, entered a plea of guilty to the charge of murder. The degree was fixed as that of murder in the first degree. Judgment was imposed on February 18th, 1955. No appeal was taken. On September 6th, 1955, a petition for writ of error

coram nobis

was filed by defendant, in propria persona,

[513]

alleging generally that “the judgment is barred by intellectual honesty, repugnant to the 1st, 4th, 5th, 6th, 8th, and 14th amendments to the United States and California Constitutions.” He alleges that he was entrapped by “trickery, of search and seizure, contrary to the 4th amendment of the United States Constitution”; that he was convicted on “false

heresay

coerced and conspired against him”; inadequate representation at the trial; suppression of evidence; prejudice of the trial judge; and that he was wrongfully denied his right of appeal. Other similar charges are made. After hearing, the court denied the petition.

The reporter’s notes and the minutes of the court in respect to the arraignment of defendant, show that he was presented for arraignment on the indictment on January 19, 1955; that he appeared without counsel; that the court inquired if he had counsel; and he replied that he did, a Mr. Magnus. It appears that Mr. Magnus was present and stated he had been appointed to represent defendant in a preliminary hearing in the municipal court, but had not been retained by him to represent him in reference to the grand jury indictment. The court then, apparently with defendant’s consent, appointed him and Attorney Yizzard to represent defendant, and granted further time for plea. No objections to these appointments were made by the defendant. On February 4th, defendant appeared with his counsel and entered a plea of guilty, as charged. On February 8th a hearing was had, witnesses were sworn, and defendant testified in his own behalf. The probation officer’s report was fully considered. Defendant announced he had no legal cause to show why judgment should not be pronounced, and he was sent to the state’s prison for the term prescribed by law.