People v. Morgan

MARKS, J.

This is an appeal from a judgment and from an order denying defendant’s motion for permission to enter a plea of not guilty by reason of insanity. The sole question

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to be determined here is whether the trial court erred in denying the motion.

By a complaint filed in the justice’s court o.f Redlands Township in San Bernardino County, dated May 22, 1935, defendant was charged with violation of the provisions of section 288 of the Penal Code on the person of Belinda Bartlett, a girl under the age of fourteen years. He was brought into that court on June 4, 1935, and entered a plea of guilty. He was accompanied by two counsel of his own selection. The case was certified to the superior court where he appeared with his counsel on the same day, waived time, and was arraigned for sentence. He applied for probation and the matter was continued to June 17, and again continued until June 24, 1935. On that day the report of the probation officer was presented to the trial judge, but the case was continued for one week on request of defendant to permit him to obtain new counsel. On July 1st defendant was again in court with the counsel who had formerly represented him and counsel who now represents him on this appeal. The former were discharged and the latter became his sole counsel.

Defendant moved for an order permitting him to enter a plea of not guilty by reason of insanity which motion the trial court denied and proceeded to sentence him to confinement in the penitentiary. There was no motion to permit defendant to withdraw his plea of guilty or to change it to a plea of not guilty.

The proceedings were had under the constitutional amendment adopted by the people at the election held on November 6, 1934. (Sec. 8, art. I, Const.) This section provides that after the plea of guilty is entered in the justice’s court the magistrate shall immediately commit the defendant to the sheriff; and certify the case, including all proceedings before him, to the superior court, “and thereupon such proceedings shall be had as if such defendant had pleaded guilty in such court’’. Section 1016 of the Penal Code provides in part as follows: " There are five kinds of pleas to an indictment or information; 1. Guilty. 2. Not guilty.