People v. Ballentine

EDMONDS, J.

Robert Thomas Ballentine, without representation by counsel, pleaded guilty to having committed the crimes of murder and robbery. After hearing evidence, the court determined that each crime was of the first degree. Upon the count charging robbery, Ballentine was sentenced to imprisonment for the period prescribed by law. On the charge of murder, the death penalty was imposed. The principal question presented upon the appeal, which is before this court pursuant to the provisions of section 1239(b) of the Penal Code, concerns the rights of Ballentine under section 1018 of that code relating to pleas of guilty.

When he appeared for arraignment, Ballentine was accompanied by an attorney. A continuance of one week was granted. At the next hearing, the attorney informed the court that he was “withdrawing from the case, Mr. Ballentine has no objection.” To the court’s question, “That is correct?” Ballentine replied, “Yes.” The judge then said: “You are entitled to have an attorney. You ought to have one.” Ballentine answered: “I don’t wish to have an attorney, I waive it.” He was then asked: “Do you object to the Court appointing one?” He replied: “I don’t object to one, no. I am going to plead guilty. I can’t see the sense of having one.” Ballentine said that he realized the seriousness of the charge against him and knew he could be sen

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tenced to death. He stated that, before the magistrate for preliminary examination, he was advised of all of his rights, including the right to representation by an attorney.

Commenting that, “I can’t force anything on you, Ballentine,” the judge then informed him in detail concerning all of his legal rights. After stating that he was entitled to be represented by an attorney at all stages in the proceedings, the judge told Ballentine that if he was unable to employ counsel the court would appoint one for him. Following Ballentine’s pleas of guilty to each count of the information and his admission of two prior convictions of felonies, the judge again inquired: “You still don’t want an attorney?” Ballentine answered, “No.” The judge asked: “Did you talk with Mr. Chargin, who was advising you in the meantime, have you?” Ballentine said: “Yes, I talked to him.” To the question, “He has given you such advice-” Ballentine replied, “No, he hasn’t given me any advice.” Ballentine said that he understood that he could have an attorney. Thereupon the court ordered his admissions and pleas of guilty entered by the clerk. At the commencement of the hearing to determine the degree of the crimes charged, the judge again inquired: “You still have no Counsel?” Ballentine answered: “No, I haven’t.” To the court’s question, “You still don’t want one?” he replied, “No.”