People v. Mitchell

BRAY, P. J.

Defendant was charged in an information with two felonies: (1) violation of section 286, Penal Code (sodomy); (2) violation of section 211, Penal Code (robbery). He was also charged with three prior felonies. He pleaded guilty to violation of section 286. The charge of robbery and of the commission of the three priors were dismissed. Defendant in propria persona appeals from the judgment of conviction of the felony to which he pleaded guilty.

This ease is typical of a growing practice among inmates of our penal institutions, who, after pleading guilty to one charge and having others dismissed, appeal from the judgment based on their pleas, and contend that their counsel did not properly represent them in the trial court.

“The judgment entered on the plea of guilty is not appealable on the merits. The rule is correctly stated with supporting authority in 24 Corpus Juris Secundum at pages 683 and 684: ‘. . . where judgment has been entered on a plea of guilty, irregularities not going to the jurisdiction or legality of the proceedings will not be reviewed.’ ”

(Stephens

v.

Toomey,

51 Cal.2d 864, 870 [338 P.2d 182]; see also

People

v.

Rose,

171 Cal.App.2d 171, 172 [339 P.2d 954].)

Defendant attempts to bring himself within the exception mentioned in the above rule by contending that he was denied adequate representation by counsel and therefore he may question the legality of the proceedings on this appeal. (See

People

v.

Avilez

(1948), 86 Cal.App.2d 289 [194 P.2d 892].) An examination of the récord shows that he was not denied adequate representation by counsel.

At the very beginning, on arraignment, defendant stated:

I

think that I am able enough to represent my case if I am given an opportunity.” Notwithstanding that statement the court appointed a deputy public defender to represent him. At one of the later hearings when his counsel told the court that he and the deputy district attorney were ‘ ‘ endeavoring to work this situation out,” defendant volunteered the statement, “Tour Honor, I want to make this just to the Court. An act of sodomy was committed by me and a defendant.” When asked by the court if he was pleading guilty to an act of sodomy, defendant stated, “I will plead guilty