People v. Sauer

BARNARD, P. J.

In an information filed on May 18,1942, the defendant was charged with the crime of forgery in that he signed another man’s name to a check payable to himself and cashed the check. On June 3, 1942, he appeared in court with his counsel for the purpose of arraignment. He pleaded not guilty and the setting of the trial was continued to June 8,. 1942.

On June 15, 1942, he came into court with his counsel and

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at his request he was permitted to withdraw his plea of not guilty whereupon he entered a plea of guilty. He waived time for judgment and, after some considerable investigation of the surrounding circumstances, a judgment was entered sentencing him to imprisonment at San Quentin, where he has since been confined.

Under date of April 29, 1944, the defendant filed notice of motions to amend and correct the record, to annul, vacate and set aside the judgment, and to permit him to withdraw his plea of guilty, noticing the same for May 12, 1944, together with an application and motion for an order to produce the defendant at the time of hearing of the other motions. On May 3, 1944, an order was made directing that the defendant be produced in court on May 12, 1944, for the purpose of presenting any evidence he desired in support of his motions, and directing the sheriff to bring the defendant to court on that date. Por some reason which does not appear the defendant was not produced in court on May 12, 1944, but on that day certain evidence was taken and an order was entered denying all of the motions made by the defendant. Under date of May 19, 1944, the defendant gave written notice of appeal from the order entered on May 12, 1944, and on the same day he applied for a clerk’s and reporter’s transcripts and asked for certain things as “additional record,” including several matters which had and could have no possible bearing on the appeal taken.

On June 10, 1944, the defendant filed an objection to the transcript on appeal which had been filed, claiming that it did not contain all of the matters which he had requested, and also filed notice of a motion to be heard on July 11,. 1944, for an order vacating and setting aside the order of May 12, 1944, on the ground that it was void on its face for want of jurisdiction. The hearing on these matters was continued to August 3, 1944.