People v. Parker

VALLÉE, J.

By information defendant Bob Parker and Richard Bullard and Jimmie Harris were accused of conspiring to commit armed robbery (count I), grand theft (count II), and robbery (count III). On arraignment the public defender was appointed counsel for Parker.

On November 18, 1960, Parker pleaded not guilty and trial was set for January 11, 1961. On January 11, with his counsel present, Parker personally waived trial by jury. He then withdrew his plea of not guilty to count I, conspiracy to commit armed robbery, and pleaded guilty thereto. A probation report was ordered.

On January 20, 1961, the public defender’s motion to be relieved as counsel for Parker was granted and the court appointed G. Lenoir as his counsel. Further proceedings were continued to February 8.

On February 8 Parker filed a written motion for permission to withdraw the plea of guilty and enter a plea of not guilty and his affidavit in support of the motion. The affidavit is quoted in the margin.

1

The motion was denied. Counts II

[706]

and III were dismissed. Probation was denied. Sentence was to state prison. Parker appeals from the judgment and from the order denying his motion to withdraw his plea of guilty. The order is not appealable and the appeal therefrom will be dismissed.

(People

v.

Francis, 42

Cal.2d 335, 336 [267 P.2d8].)

The principal point urged for reversal is that Parker’s motion to withdraw the plea of guilty should have been granted. The proceedings on withdrawal of the plea were these: “The Court: People versus Richard Bullard, Jimmie Harris and Bob Parker. There was a jury waiver on all three defendants, was there, in Department 108 ? Mr. Alston [District Attorney] : That is correct, your Honor. The Court : All right. You may proceed. Mr. Alston : It is my understanding that at this time each of the defendants wants to make a motion to withdraw their plea as to Count I of the Information, for the purpose of entering a new and different plea. Is that correct, counsel ? Mr. Crigger [Public Defender] : That is correct, your Honor. The Court : Is that your desire, gentlemen, Bullard, Harris and Parker? . . . The Defendant Parker : Yes, sir. The Court : You have talked this over with your attorney, have you? . . . The Defendant Parker •. Yes, sir. The Court : All right. You may take the plea. . . . Mr. Alston": Bob John Parker, is that your true name? The Defendant Parker: Yes, sir. Mr. Alston: And you and each of you have heretofore been arraigned on Information Number 235283, charging you with three counts, in which you have heretofore entered pleas of not guilty. Your counsel has requested, and the court has granted you permission to withdraw your pleas of not guilty to Count I of the Information for the purpose of pleading guilty to that count. Is that the desire of each of you? Mr. Crigger: Would you tell them what Count I is? Mr. Alston: Count I charges you with the crime of conspiracy to commit robbery. . . . The Defendant Parker : Yes. Mr. Alston : And you are doing this freely and voluntarily, is that correct ? . . . The Defend