People v. Daigle

DRAPER, J.

Appellant and two others were charged with possession of heroin. All moved to set aside the information (Pen. Code, § 995). The motions were denied. Appellant pleaded guilty. The other defendants pleaded not guilty and were acquitted in a trial to the court. Appellant then moved to withdraw his guilty plea. The motion was denied, he admitted two prior narcotics convictions, was sentenced to prison, and appeals. He asked for appointment of counsel on appeal. In view of his guilty plea, we independently reviewed the record and determined that such appointment would not be of help to him or to the court. Upon denial of his request, appellant filed a brief in propria persona.

Appellant first contends that he pleaded guilty only because his counsel, a deputy public defender, told him he would receive a county jail sentence. The record shows counsel’s denial of this claim. Even if the representation were made, appellant would not be aided. The public defender becomes the attorney for a defendant “to the same extent as if regularly retained and employed by the defendant”

(In re Hough,

24 Cal.2d 522, 529 [150 P.2d 448]). Assurances by defendant’s counsel that a light sentence will be given upon a plea of guilty do not vitiate a plea entered in reliance

[342]

thereon

(In re Atchley,

48 Cal.2d 408, 418 [310 P.2d 15];

People

v.

Fleming,

190 Cal.App.2d 149 [11 Cal.Rptr. 743]). Appellant does not at all suggest that any responsible state officer, other than the public defender, afforded any corroboration of the claimed assurance. Thus he falls far short of the showing required to vitiate his plea

(People

v.

Gilbert,

25 Cal.2d 422 [154 P.2d 657]).