In Re Gutierrez

VAN DYKE, P. J.

Respondent, Jose Gutierrez, successfully petitioned the Superior Court in Colusa County for a writ of habeas corpus. The People appeal from the order of the trial, court discharging him from the custody under which he was being held. The record shows that a complaint was filed against respondent containing two counts, by one of which he was charged with disturbing the peace. (Pen. Code, § 415.) The other count charged him with battery. (Pen. Code, § 242.) Upon filing the complaint the judicial district court issued a warrant of arrest and respondent was apprehended. He was brought before the court and advised of his rights to counsel, which he waived. He pleaded guilty and sentence and judgment were pronounced against him and he was ordered into custody to serve out his sentence. It thus appears that the court had jurisdiction over the subject matter and the person, and the presumption of regularity applies.

(Brush

v.

Smith,

141 Cal. 466 [75 P. 55];

In re Bell,

19 Cal.2d 488, 500 [122 P.2d 22].) Some six weeks after his commitment respondent filed his petition for a writ of habeas corpus. A hearing was held after the return was made and the record on appeal shows the following: Petitioner was 27 years of age, had been educated through the eighth grade in Texas and California, and had lived in Princeton, California, for about eight years. His occupation was farm laborer and musician. He had been previously arrested on five occasions, in four of which the proceedings were dropped. To one charge he pleaded guilty and served a two months’ sentence.

[663]

In the instant case he was arrested and taken to the Colusa County jail where he was held about 45 minutes. He was then taken to the justice court along with five other defendants charged in the same complaint with the same crimes, three of which defendants were his brothers. All pleaded guilty, but when respondent was asked for his plea he at first pleaded not guilty. The judge, with an angry expression, exclaimed “What?” and respondent then said that he didn’t want to wait for trial because he had a job in Sacramento and wanted to go there the next day, that he thought he could get out with a fine and that for these reasons he would plead guilty. The judge replied, “Do you want to make a guilty plea?” and respondent said “Yes.” He was thereupon sentenced to serve 90 days upon the count charging disturbance of the peace, six months upon the count charging battery, and in addition was fined $250 in default of payment of which he was to serve one day for each $2.00 of the fine. It was directed that the sentences run consecutively. Thereupon the respondent asked leave to withdraw his plea of guilty and to plead not guilty, to which the judge responded, ‘ ‘ That is all,” and court was adjourned. At the hearing on the petition for habeas corpus, over the objection of the People, the court received considerable evidence which bore primarily on the guilt or innocence of respondent. Such evidence was, however, limited to the purpose of throwing such light as might be given thereby upon the issues involved in the habeas corpus proceeding.