People v. Wells

California Court of Appeal Dec 31, 1946 No. Crim. 1980Published

Before: Adams

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Holding. The trial court did not abuse its discretion in denying the defendant's motion to withdraw his guilty plea because the defendant failed to provide a strong and convincing showing that his plea was entered due to duress, fraud, or overreaching.

Issues

Did the trial court abuse its discretion in refusing to permit the defendant to change his plea of guilty to not guilty?

Disposition. affirmed

Quotations verified verbatim against the opinion

“Under the circumstances stated we cannot say that the trial court abused its discretion in denying defendant’s motion for change of plea.”

“Here there is no showing that defendant’s plea of guilty was entered by reason of duress, fraud or any overreaching of his free will and judgment.”

ADAMS, P. J.

On this appeal the only question for decision is whether the trial court abused its discretion in refusing to permit defendant to change his plea of guilty and enter a plea of not guilty. Defendant was charged with

[521]

a violation of section 266g of the Penal Code in that he had persuaded his wife, a minor of the age of seventeen years, to enter a house of prostitution for the purpose of prostitution. At the preliminary hearing where defendant was represented by an attorney of his own choosing, the wife testified in support of the allegations of the complaint. On arraignment before the superior court defendant appeared with his attorney, but the latter, after he had conferred with defendant, informed the court that he no longer represented him but would go ahead with the arraignment. Thereupon the following occurred:

“Mr. Carr [Deputy District Attorney] : Well, under those circumstances, Your Honor, it might be well to get another attorney appointed to go ahead with it if he hasn’t means with which to hire one, rather than have him arraigned.

“The Court : Mr. Wells, have you any means with which to hire a lawyer ?

“The Defendant : I don’t think I’ll need one, Your Honor. I want to plead guilty and ask to refer me——

“The Court : You want to waive a lawyer ?

“The Defendant: No, sir.

“The Court: You want to waive the services of a lawyer, you don’t want the services of a lawyer, is that right ?

“The Defendant-. Yes, that is right.

“The Court: Very well, you may proceed with the arraignment, Mr. Clerk.”

Then a copy of the information was handed to defendant and it was read to him, after which the following transpired:

“The Court: What is your plea, guilty or not guilty?

“The Defendant: Guilty, Your Honor.

“The Court: You have a right to wait at least two days before having judgment pronounced, or you can waive time, what do you wish?

People v. Wells

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ADAMS, P. J.

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