People v. Bauman

MOORE, P. J.

The questions for decision are (1) whether the trial court abused its discretion in denying defendant’s motion to set aside his plea of guilty to two counts of issuing checks without sufficient funds and (2) whether it was error to suspend proceedings as to the same counts and grant probation for 10 years.

On April 21, 1954, appellant was arraigned in the Municipal Court of Long Beach Judicial District before Judge Wallace on a complaint of six counts charging the felonious issuance of checks without sufficient funds. He was accompanied by counsel of his own choosing and pleaded guilty to two counts. The remaining four counts were dismissed. Prior to the acceptance of his plea, however, Judge Wallace vigorously inquired whether appellant understood the charge against him or comprehended the significance of his act in entering a plea of guilty. He asked appellant whether the latter understood his constitutional rights to a preliminary hearing and to a jury trial in the superior court and told him there was no hurry. “We don’t want you to feel in three days that you have been railroaded. ’ ’ In answer to further questioning, appellant stated substantially:

“I understand the court’s position. No one has held out promises of immunity to get me to take the position that I wish to plead guilty to these two counts. Nobody has promised me that I will be dealt with more leniently or will be treated more liberally by the superior court if I plead guilty here.

[597]

Neither Mr. Kartz nor any other police officer has promised me immunity or reward for pleading guilty now. I am acting freely and voluntarily. I am aware of the nature of the charges, six counts of issuing checks to the Pacific Finance Corporation without sufficient funds. That corporation was defrauded by the checks. I understand the nature of the charge. I desire to plead guilty now to the two counts solely because I am guilty of those two crimes.”

Appellant thereupon formally entered his pleas of guilty to counts one and three and the court and all counsel consented to the entry of the pleas.

Judge Wallace then certified to the superior court the plea of guilty to the two counts. On April 26, appellant and his counsel waived time for sentence and requested leave to file an application for probation. Such leave was granted, and June 1 was set for hearing the application and for pronouncing judgment. On that day, Attorney Forno was substituted as counsel for appellant and he filed his motion to set aside the plea of guilty and to be permitted to enter a plea of not guilty. Continuances of the matter brought the final hearing on the motion to July 6 when all witnesses were heard and the motion was argued and denied. Attempt is made to appeal such order. It is not appealable.