People v. Mullane

RICHARDS, J. pro tem.

*

Defendant was charged by information with robbery (Pen. Code, § 211) in three counts, each count alleging a separate robbery and alleging that defendant was armed at the time of each robbery with a deadly weapon, and that he was armed with a concealed deadly weapon at the time of his arrest. It was further alleged that before the commission of each offense charged, that defendant had been convicted of a felony and had served a term of imprisonment therefor in the state prison.

Defendant was duly arraigned upon the information with his counsel present and entered a plea of “not guilty” and denied the prior conviction. The morning the case was called on the trial calendar, the district attorney and defendant, through his counsel, each announced readiness for trial. That afternoon, when the ease was reached on the trial calendar, defendant, with his counsel present, withdrew his plea of “not guilty” and pleaded “guilty” to Count I of the information. He admitted being armed with a deadly weapon at the time

[768]

of the commission of the offense, and admitted being armed with a concealed deadly weapon at the time of his arrest. He admitted he was pleading guilty freely and voluntarily and was not induced so to do by any promises, and that he was pleading guilty because he was guilty. It was stipulated that the determination of the alleged prior conviction be made by the court without a jury based upon the probation report and a record of such prior conviction received in evidence. The court then determined the robbery to be of first degree.

At the time of his arraignment for sentence, defendant moved to withdraw his plea of guilty and his admissions of being armed at the time of the offense and at the time of arrest. Upon being asked the basis for his motion, the defendant replied : “I feel, your Honor, that the evidence obtained in the case was obtained illegally.” His counsel stated that defendant’s reason for such request was because defendant “feels that his admission as to being armed at the time he was arrested was the subject of an illegal search and seizure.” Other than the foregoing, no attempt was made to substantiate the request. The court denied the motion and the defendant was sentenced. No contention is made in this appeal of an abuse of discretion in denying defendant’s application to withdraw his plea of guilty to Count I and his admissions and none appears.