People v. Doyle

THE COURT. Defendant, who was 80 years of age at the date of trial, was charged with forgery in four counts and two prior convictions. He was represented by a deputy public defender and pleaded guilty to the first count of forgery. The trial court denied probation, dismissed the other three counts of forgery and the two prior convictions, and sentenced defendant to the state prison for the term prescribed by law. Defendant appeals from the judgment of conviction.

We ordered a hearing on our own motion since this case involved the same question presented in People v. Hyde, ante, p. 152 [331 P.2d 42], i. e., the appointment of counsel on appeal for an indigent defendant who has been convicted of a crime. Our discussion of that question in the Hyde case also applies here.

Defendant contends that the trial court erred in denying his request to withdraw his plea of guilty. He made this request immediately following the pronouncement of sentence. At that time the following colloquy occurred:

“The Defendant: May I speak?

“The Court: Yes.

“The Defendant: I was told by the District Attorney’s office that I only had one charge left against me which was a misdemeanor, cut down to a misdemeanor, by my attorney; he told me that I only had $2.47 charge left against me. And he told me it was cut down to a misdemeanor, and when the probation officer saw me, he told me that it was up to the Court, that I should get probation, that he would grant it.

“Mr. Brill: Your Honor, that is a misstatement of the facts. We did not tell Mr. Doyle that this was a misdemeanor.

“The Defendant: Sir, are you my attorney?

“Mr. Brill : I am.

“The Defendant: Didn’t you tell me right to my face— your name was Mr. Briggs, and that I would-

“Mr. Brill: My name is ‘Mr. Brill,’ and I told you that you are pleading guilty to one count of forgery and it was not a misdemeanor.

“The Defendant: One count and it was supposed to be cut down to a misdemeanor.

“The Court: Do you want to discuss this with your client any further?

“Mr. Brill: I don’t know whether my client wants to discuss it with me. He is misstating the facts, your Honor.

‘ ‘ The Defendant : Sir, I want to rescind my plea, if it is