People v. Lockridge

ROTH, P. J.

Appellants, Arthur and Edward Lockridge, together with four codefendants, were charged by information with four Penal Code violations: Count I, section 211 (robbery) ; Count II, section 209 (kidnapping); County III, section 496 (theft and receiving stolen property); and Count IV, section 182 (conspiracy). At the preliminary hearing appellants, represented by the public defender, entered pleas of not guilty to all counts.

On December 19, 1963, when the case was called for trial in the superior court, appellants, represented by private counsel, substituted for the public defender, withdrew their pleas of not guilty on Count III and pleaded guilty to this charge. The remaining charges were dismissed on motion of the district attorney in the interests of justice. The change of plea to Count III was made on the advice of counsel. The record discloses no evidence or suggestion that there was a promise of leniency or immunity or any hope of reward made to appellants by their own counsel, the prosecution, or the court. The record, in fact, shows that prior to withdrawal of the plea of not guilty to Count III and the entry of a plea of guilty, appellants stated directly in open court that none of such promises were made.

On January 14, 1964, the trial court pronounced and entered judgment as to each appellant. On January 18, appellants filed a series of papers with the trial court entitled “Motion for Stay of Execution of Sentence” predicated on the desire of appellants to withdraw their pleas of guilty and to substitute pleas of not guilty. Appellants averred that they had entered their pleas solely on the advice of their attorney who, nonetheless, could have established their innocence through proper cross-examination of the prosecution’s

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witnesses. On January 23, 1964, the motion was granted in so far as it stayed execution of the sentence for thirty days. Notice of appeal had been filed on January 20, 1964.

Appellants contend that the court erred in refusing to permit them to withdraw their guilty pleas after judgment.

Appellants’ plea of guilty to the charge alleged in Count III of the information forecloses them from raising any contentions going to the merits of their ease,