People v. Boyles

FOURT, J.

This is an appeal from a “judgment and sentence . . . and from the denial of the defendant’s motion for a new trial.”

In an information filed in Los Angeles County on February

[79]

9, 1960, the appellant, with his codefendant, Boyles, was charged with possessing heroin on or about January 21, 1960, and further, it was charged that appellant had previously been convicted of a violation of section 11500, Health and Safety Code, and was, on or about March 18, 1954, sentenced to prison and served a prison term therefor. Appellant pleaded not guilty and denied the prior conviction. The cause was called for trial and the selection of a jury was started. By stipulation a mistrial was declared. A jury trial was then properly waived by both defendants as to all issues.

The prosecution then recommended that the case against the codefendant, Boyles, be dismissed in the interests of justice. Appellant thereupon withdrew his plea of not guilty, was rearraigned and entered a plea of guilty as charged, waived a jury trial on the issue of the prior conviction, and submitted that issue on any applicable information which the court might receive. A probation officer’s report was ordered. Thereafter appellant made a motion to withdraw his plea of guilty. That motion was denied. The court found, upon substantial evidence, that it was true that appellant previously had been convicted of the narcotic offense charged in the information. Probation was denied and appellant was sentenced to the state prison. The appeal is from the judgment and the sentence.

A résumé of the facts is as follows:

On April 6, 1960, at or about 2 ¡15 p. m. the appellant’s counsel stated to the judge in open court that appellant desired to withdraw his plea of not guilty and to enter a plea of guilty. Appellant was then asked if the statement which had just been made by his attorney was true and correct, and he answered, “That is correct.” The appellant further stated that he had discussed the matter with his attorney, that his rights had been fully explained to him, that he understood what he was doing, that he was doing what he was doing freely and voluntarily and of his own volition, that no one had made any promises in order to induce him to enter the plea of guilty. Furthermore he stated that he was pleading guilty because he was guilty and for no other reason whatsoever.