People v. Meehan

PETERS, P. J.

Defendant, Clarence Meehan, was originally charged with two counts of burglary. The first charge related to an alleged theft at the O. K. Morton Used Car Company lot on October 6, 1952, and the second to an alleged theft at Joe’s Service Station in San Jose on October 11, 1952. The defendant changed his plea from not guilty to guilty on the second charge, whereupon, on motion of the district attorney, the first charge was dismissed. Thereafter, the defendant moved to change his plea on the second count to not guilty, which request was granted. An amended information was filed charging a burglary at Joe’s Service Station and also charging a prior conviction under section 288a of the Penal Code. Defendant admitted the prior and pleaded not guilty to the burglary charge. After a jury trial he was found guilty of second degree burglary. He appeals from the judgment of conviction and from the order denying his motion for a new trial.

One of appellant’s contentions is that he was denied due process by failure of his attorneys to fight for his rights, and by their claimed conspiracy with the prosecution. The record shows quite the contrary. Appellant was first represented by Attorney Thorne, who secured the dismissal of one of the charges and recommended a guilty plea on the present charge. Appellant followed this advice, and then told the court that, if the judge would agree in advance to a suspended prison sentence with service of a county jail sentence, he would allow the guilty plea to stand; otherwise, that he desired to change his plea to not guilty. Attorney Thorne, in open court, stated that he had informed appellant that any such deal would be highly irregular, and that all that he could do as an attorney was to make a recommendation to the court.

[591]

The court informed appellant that no promises would or could be made to him in advance. Attorney Thorne thereupon was permitted to withdraw from the case. After several continuances, at appellant’s request, the court appointed counsel, this time Attorney Polverino. Against the advice of this attorney, appellant was permitted to withdraw his guilty plea, and to plead not guilty. The amended information was then filed charging the prior conviction which had not theretofore been charged. Attorney Polverino was then discharged by appellant who then secured the services of Attorney Watson. Appellant pleaded not guilty to the burglary and guilty to the prior conviction. Attorney Watson represented appellant at the trial. Appellant now charges his attorneys with conspiring with the trial judge to get him into San Quentin by removing certain testimony from the record, and by certain other acts. These charges are entirely baseless. There is nothing in the record to indicate any laxity or adverse interest on the part of any of his attorneys, or any oppression by the court. In fact, the record shows that the court was quite lenient to appellant and entirely fair with him. It also shows able representation by all of his counsel, and, in particular, by Attorney Watson, who represented him at the trial vigorously and ably.