People v. Martinez

154 Cal.App.2d 233 (1957) 316 P.2d 14 THE PEOPLE, Respondent,

v.

ELEODORO MARTINEZ, JR., Appellant.

Docket No. 3356. Court of Appeals of California, First District, Division Two.

October 7, 1957. [234] Richard L. Soulsby, under appointment by the District Court of Appeal, for Appellant.

Edmund G. Brown, Attorney General, Clarence A. Linn, Assistant Attorney General, and John S. McInerny, Deputy Attorney General, for Respondent.

KAUFMAN, P.J.

The appellant, Eleodoro Martinez, Jr., was accused by information of violating Penal Code, section 245, assault by means of force likely to produce great bodily injury. At the arraignment in the Superior Court of Contra Costa County on January 7, 1957, the trial court upon the appellant's request, appointed counsel to represent him, and continued the matter of the plea until January 14, 1957. On January 14, 1957, the court, at the appellant's request granted a continuance of one week "for the purpose of entering a plea." On January 21, 1957, the appellant appeared with his counsel and entered a plea of guilty to the offense charged in the information. On February 11, 1957, after considering the probation officer's report, the trial court denied probation and sentenced the appellant to the state prison at San Quentin for the term prescribed by law.

The only issue raised by this appeal is whether the appellant's rights to due process of law under section 13, article I of the state Constitution, and Amendment 14 of the Constitution [235] of the United States were denied to him by the failure of the trial court to explain to him the effect and meaning of his plea of guilty and the degree of his crime and the punishment therefor.

[1] Section 13 of article I of the state Constitution and the Fourteenth Amendment of the Constitution of the United States guarantee to every defendant due process of the law. The right to counsel and the right to enter a plea in open court are essential aspects of due process. (Powell v. Alabama, 287 U.S. 45 [53 S.Ct. 55, 77 L.Ed. 158, 84 A.L.R. 527]; Johnson v. Zerbst, 304 U.S. 458 [58 S.Ct. 1019, 82 L.Ed. 1461, 146 A.L.R. 357]; People v. Lanigan, 22 Cal.2d 569 [140 P.2d 24, 148 A.L.R. 176]; People v. McGarvy, 61 Cal. App.2d 557 [142 P.2d 92]; In re Hough, 24 Cal.2d 522 [150 P.2d 448]; In re Rider, 50 Cal. App. 797 [195 P. 965]; People v. Boyden, 116 Cal. App.2d 278 [253 P.2d 773]; People v. Napthaly, 105 Cal. 641 [39 P. 29]; In re McCoy, 32 Cal.2d 73 [194 P.2d 531].) It is clear that these aspects of due process may be waived under the proper circumstances. (People v. Ballentine, 39 Cal.2d 193 [246 P.2d 35]; In re James, 38 Cal.2d 302 [240 P.2d 596].) In this state there are also many statutory provisions which amplify and protect the right to counsel and the circumstances of the plea in criminal cases, Penal Code, sections 686, 825, 858, 859, 859a, 860, 987, 1016-1018, among others.