People v. Muhlenbroich

KAUFMAN, J.

This is an appeal from an order denying a writ of

coram nobis.

Appellant, William Jacob Muhlenbroich, was indicted by the grand jury of the county of San Mateo on September 27, 1940, for violation of Penal Code, section 209, in that on September 20, 1940, he had kidnapped for ransom one Marc cle Tristan.

Upon arraignment, appellant indicating that he desired the assistance of counsel, the court appointed Joseph J. Bullock and Joseph F. O’Malley to represent him. On the following day appellant pleaded guilty to the charge in the

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indictment. On October 4, 1940, he was asked by the court if he had any legal cause to show why judgment should not be pronounced against him, and he replied that he had none. He was then sentenced to the California State Prison at San Quentin for the term prescribed by law.

On June 24, 1955, nearly 15 years later, appellant filed an application for the issuance of a writ of

corain nobis,

alleging that at the time of his conviction he was not well versed in the language of procedure in this country; that he was handicapped by partial deafness; that he did not understand the actions and statement of the trial court; that his attorneys assured him that if he would plead guilty they would try to arrange with the district attorney for the lightest punishment possible; that the district attorney later returned with appellant’s attorneys and stated that he would recommend leniency because the kidnapped child was returned unharmed; that appellant was frightened because of public opinion against him, and hence entered the guilty plea. Further, he asserts, that no one advised him of the consequences of such a plea; that his counsel in conspiracy with the district attorney agreed to leniency and a short term of confinement which amounted to fraud denying him an opportunity of defense, effective aid of counsel and the right to trial by jury.

A statement of appellant on October 3, 1940, given to Louis Dematteis, Chief Deputy District Attorney of San Mateo County, at the county jail in Redwood City, in which appellant was carefully interrogated at length, demonstates that he was very well versed in the English language. When asked if he had any impairment, he answered that he was a little hard of hearing, “slightly, but not much.” “Q. There is nothing very serious? A. No, if you speak in a normal tone of voice I can hear.” The court was therefore justified in concluding that appellant was fully aware of and understood all of the proceedings leading up to his conviction.