People v. Schindler

Opinion

VOGEL (C. S.), Acting P. J.

Pursuant to rule 62, California Rules of Court, we transferred this matter from the appellate department of the superior court in order to settle an important question of law. (1) Contrary to the appellate department, we conclude that after convicting a defendant of a traffic infraction the trial court is not required to state its reasons for denying the defendant’s request for traffic school. (Veh. Code, § 42005.)

1

We affirm the judgment of the municipal court.

Facts

Defendant and appellant Caryn Schindler was cited for speeding at 76 miles per hour on the freeway, in violation of section 22349 which sets the maximum speed at 55 miles per hour.

[433]

At the arraignment the trial court advised that if prior to trial, a defendant pleaded guilty subject to being granted traffic school, the court would grant traffic school.

The court further advised that if a defendant was convicted after trial, the granting of traffic school was an alternative sentence within the discretion of the court, that the court might or might not grant traffic school and need not give a reason for granting or not granting traffic school. The court stated that a request for traffic school would be judged in light of all the facts presented to the court. The court gave an example that if a defendant was found guilty of driving 30 miles per hour in a 25-mile-per-hour zone the court might grant traffic school, but if a defendant was found guilty of driving 80 miles per hour in a school yard the court might not.

Appellant offered to plead guilty to violating section 22349 at a lesser speed. The court advised that it would not accept a plea at a lesser speed, treated appellant’s offer as a plea of not guilty, and tried the case. Upon the citing officer’s testimony, the court found appellant guilty as charged.

After conviction, appellant requested traffic school. The court denied this request. Appellant requested the court to give its reasons for not granting traffic school. The court declined to give an explanation.