People v. Agnew

114 Cal.App.2d Supp. 841 (1952) THE PEOPLE, Respondent,

v.

ROSEMARY AGNEW, Appellant.

California Court of Appeals.

Nov. 17, 1952. Rosemary Agnew, in pro. per., for Appellant.

Ray L. Chesebro, City Attorney (Los Angeles), Donald M. Redwine, Assistant City Attorney, and Philip E. Grey, Deputy City Attorney, for Respondent. [114 Cal.App.2d Supp. 843]

BISHOP, J.

Because the defendant was brought to trial without the aid of counsel, although she repeatedly requested that counsel be afforded her, we are reversing the judgment sentencing her to imprisonment on each of two counts, and are reversing the order denying the defendant a new trial.

The record before us reveals these facts: The defendant was charged with agreeing to perform a lewd act for money, and with being a lewd person. When arraigned for her plea on January 18, she was represented by counsel, a deputy public defender. Time to plead was requested and granted. Upon the date fixed for her plea, the defendant appeared, and, the minutes of the court state, she was again represented by the deputy public defender who had first appeared as her counsel. It seems rather clear, however, from affidavits filed later in support of a motion for relief, that that deputy did not attend the hearing and that the deputy who did attend did not appear on defendant's behalf. In any event, she filed a demurrer "respectfully submitted" in her own name. The hearing on the demurrer was continued to January 25, at which time, defendant unquestionably appearing without counsel, it was overruled.

A motion for relief was then filed, its first request being the appointment of counsel. This request was denied February 13, and a like request on February 15 was also denied. Defendant's trial commenced in the morning of March 6, she having waived a jury "because my husband told me so." At the opening of the afternoon session the defendant stated that she was 17 years of age--a fact that appears without refutation in several affidavits also--without funds to employ an attorney, and she desired the court to appoint counsel for her. The motion was denied without inquiry or comment.

The case was one where the need of skilled counsel was glaringly apparent. The defendant over and over betrayed, by what she said and did, her bewilderment at what was going on. The testimony of the police officers was in direct conflict with the essential parts of her somewhat incoherent statements as a witness, and, had a foundation been laid while he was on the stand, the main witness for the People could have been impeached at a vital point by the testimony he had given less than three months earlier at a juvenile court hearing. In making this statement, we are assuming, as we may, that defendant's husband would have testified if called as a witness, to the same facts that he swore to in an affidavit filed in support of defendant's motion for a new trial. A layman, even one [114 Cal.App.2d Supp. 844] mature enough and sufficiently equipped, mentally, to conduct his defense under ordinary conditions, could not be expected to know that, if he desired to impeach a witness by showing that he had made contrary statements on other occasions, he must lay the foundation for the impeaching evidence while the witness is on the stand. Too many counsel show themselves ignorant of this requirement for us to concede that it is one that a layman should be expected to know.