People v. McPheeley

MUSSELL, J.

Defendant was charged by an information with a felony in that he did wilfully, unlawfully and feloniously escape from the California Institution for Men at Chino, California, while confined therein as a prisoner. He entered a plea of not guilty to the charge, waived trial by jury, and after a trial by the court was found guilty. Thereafter judgment was pronounced and defendant was sentenced to imprisonment in the state prison at San Quentin for the term prescribed by law, such sentence to run concurrently with any sentence defendant was under obligation to serve by reason of a prior conviction.

On January 26, 1948, defendant was committed to the state prison at San Quentin from Yolo County upon a charge denominated an “unlawful taking of a motor vehicle, a felony,” and defendant’s appeal is based solely on the ground that this commitment was void and defendant’s imprisonment in the California Institution for Men at Chino, to which prison he was transferred, was without authority. He argues that since the commitment was void he could not be guilty of the escape charge.

[591]

The material part of the information filed against the defendant in Yolo County was as follows:

“The said William Kenneth McPheeley and Joseph Weldon Moody are accused by the District Attorney of and for the County of Yolo, State of California, by this Information of the crime of unlawful taking of a motor vehicle, a felony, committed as follows to-wit:

“That the said William Kenneth McPheeley and Joseph Weldon Moody, on or about the 27th day of December, 1947, at and in the County of Yolo, State of California, then and there being did wilfully, unlawfully and feloniously drive and take a certain vehicle, to-wit a Frazer Sedan, which was then and there of the personal property of Thelma Marie Davis and J. G. Davis, without the consent of the said Thelma Marie Davis and J. G. Davis with the intent to deprive the said owners, Thelma Marie Davis and J. G. Davis, of their title to and possession of said vehicle.”

Following defendant’s plea of guilty to the above charge, judgment was pronounced against him, in which judgment it was recited that defendant had entered a plea of guilty to the charge contained in the information. Thereupon defendant was sentenced to the state prison at San Quentin and no appeal was taken from that judgment.