People v. Quinn

TRAYNOR, J. Defendant appeals from a judgment of conviction entered upon a jury verdict finding him guilty of first degree robbery (Pen. Code, §§ 211, 211a), theft of an automobile (Veh. Code, § 10851), and unlawful possession of narcotics (Health & Saf. Code, § 11500). He was sentenced to imprisonment in the state prison with the sentences to run concurrently on all three convictions.

Early in 1962, two masked men robbed the College Pharmacy in San Francisco, taking cash and narcotics. They escaped in an automobile stolen the previous night. Defendant was later identified as one of the two men and was indicted for armed robbery, automobile theft, and possession of narcotics. Defendant’s plea of guilty to the charge of robbery was accepted, and the court dismissed the two other charges on motion of the prosecution. A motion for probation was continued for hearing and determination. Thereafter, the court permitted defendant to withdraw his plea of guilty. The two other charges were reinstated, and defendant pleaded not guilty to all three.

A San Francisco probation officer testified over objection that defendant had previously been arraigned on the same [553]three charges and had pleaded guilty to robbery. The officer also testified, again over objection, that immediately after the guilty plea, he interviewed defendant in preparing a presentence probation report and that defendant admitted that his motive for the robbery had been to get narcotics, that he had used a “phony” gun, and that he had stolen the automobile used in the robbery. The probation officer testified that he always tells convicted defendants interviewed in preparing probation reports that “if they are not telling us the truth, then we most certainly would not recommend probation for them."1

[554]Defendant contends that his admissions to the probation officer were involuntary. A confession or admission induced by promises of leniency or by threats is involuntary and therefore inadmissible. (People v. Underwood, ante, pp. 113,120-121 [37 Cal.Rptr. 313, 389 P.2d 937]; People v. Brommel, 56 Cal.2d 629, 632-634 [15 Cal.Rptr. 909, 364 P.2d 845]; People v. Trout, 54 Cal.2d 576, 583 [6 Cal.Rptr. 759, 354 P.2d 231, 80 A.L.R.2d 1418]; People v. Rogers, 22 Cal.2d 787, 805 [141 P.2d 722]; cf. Haynes v. Washington, 373 U.S. 503, 513 [83 S.Ct. 1336, 10 L.Ed.2d 513, 520-521]; Lynumn v. Illinois, 372 U.S. 528, 534 [83 S.Ct. 917, 9 L.Ed.2d 922, 926]; Leyra v. Denno, 347 U.S. 556, 560 [74 S.Ct. 716, 98 L.Ed. 948, 952].) The probation officer, who was to make a report and a recommendation to the trial judge before sentencing, told defendant that he would not recommend probation if defendant failed to tell the truth. Defendant’s admissions following this threat or implied promise of leniency were therefore involuntary, and their introduction into evidence requires reversal. (People v. Brommel, supra, 56 Cal.2d 629, 634; People v. Trout, supra, 54 Cal.2d 576, 585.)