People v. Moffett

California Court of Appeal Dec 8, 1955 No. Crim. 5445Published

Before: Vallee

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Holding. The court held that the trial court did not abuse its discretion in denying the defendant's motion to withdraw his guilty plea because the defendant failed to provide clear and convincing evidence of good cause.

Issues

Whether the trial court erred in denying the defendant's motion to withdraw his plea of guilty.
Whether the order denying the motion to withdraw a plea of guilty is independently appealable.

Disposition. Affirmed in part; dismissed in part.

Quotations verified verbatim against the opinion

“The granting or denial of such an application rests in the sound discretion of the trial judge, and his decision will not be disturbed on review unless an abuse of that discretion is clearly shown.”

“There was not only no clear and convincing evidence of good cause for granting the application, there was no evidence at all.”

VALLEÉ, J.

Defendant was charged with burglary. On March 28,1955, being represented by counsel, he pleaded “not guilty” and his trial was set for May 5, 1955. On May 5, 1955, again represented by counsel, he withdrew his plea of “not guilty” and pleaded “guilty” as charged. The court found that the burglary was of the second degree. Defendant was granted leave to make application for probation and the hearing on the application was set for June 2, 1955. On June 2 defendant, by his counsel, moved the court for leave to withdraw his plea of “guilty.” The motion was denied and hearing on the application for probation was continued to June 9, 1955. On that date defendant, by his counsel, renewed the motion for leave to withdraw his plea of “guilty.” The motion was denied. He then made a motion for a new trial, which was denied. Probation was denied. Defendant was sentenced to state prison. At all times prior to June 2, 1955, he was on bail.

Defendant appeals from the judgment, from the order deny

[628]

ing his motion for a new trial, and from the order denying his motion to withdraw his plea of guilty. His only point is that the court erred in denying his motion to withdraw his plea of guilty.

The motion to withdraw his plea of guilty was made prior to the judgment and is reviewable on the appeal from the judgment. Hence the order denying that motion is not appealable and the appeal therefrom will be dismissed.

The following occurred at the time defendant withdrew his plea of not guilty and pleaded guilty:

“Mr. Umann [attorney for defendant] : At this time, your Honor, the defendant requests permission to withdraw his plea as to case No. 171688.

“The Court: Mr. Moffett, is it your desire to withdraw your plea of not guilty to Information 171688 for the purpose of entering a new and different plea ?

“ The Dependant : Yes, your Honor.

“The Court: You are doing that voluntarily, are you?

“The Dependant: Yes, your Honor.

“Mr. Amstutz [Deputy District Attorney] : Is Wilson Joseph Moffett your true name ?

People v. Moffett

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