People v. Alexander

DRAPEAU, J.

In an information containing two counts, defendant Hunt and two others were charged with kidnaping and forcible rape, respectively.

Upon arraignment time to plead was continued to a later date. On that day, the three defendants entered pleas of “not guilty” and date for trial was set. On the trial date on motion of defendants, count II of the information was amended to charge statutory rape. Each defendant then withdrew his plea of “not guilty” and entered a plea of “guilty as charged in Count 2 of Information A, as amended.” The cause of each defendant was referred to the probation department for report and hearing thereon set for August 11, 1954.

On that date present counsel of record was substituted into the case for defendant Hunt. The motion of said defendant for change of plea was denied; probation was denied, and he was sentenced to state prison as to count II. Count I was dismissed.

Defendant Hunt here appeals from the judgment of conviction and from the denial of his motion to set aside his plea of guilty.' He urges error by the trial court in denying such motion.

“A defendant who desires to have his plea of guilty set aside must show good cause therefor. The granting or denial of such an application is a matter resting in the sound discretion of the trial judge whose decision will not be disturbed on appeal in the absence of an abuse thereof.

(People

v.

Tidwell, 108

Cal.App.2d 60, 63 [238 P.2d 21];

People

v.

Price,

51 Cal.App.2d 716, 718 [125 P.2d 529];

People

v.

Grif

[531]

fin,

100 Cal.App.2d 546 [224 P.2d 47].)”