People v. Benton

MUSSELL, J. Defendant was charged in an information with the crime of robbery, a violation of section 211 of the Penal Code. On August 26, 1955, he entered a plea of not guilty to the charge and on September 8th on his motion, his plea of not guilty was ordered withdrawn and a plea of not guilty by reason of insanity was ordered entered. Alienists were appointed by the court and ordered to submit their reports. On October 11th the reports of the doctors were received and considered by the court and counsel and it was stipulated that the issue as to the defendant’s sanity at the time of the commission of the crime be tried and determined on the doctors’ reports. The court then found that the defendant was sane at the time of the commission of the offense and the matter was referred to the probation officer for investigation and report. On October 21st the report of the probation officer was received and the defendant, when asked by the court if there was any legal cause why judgment should not be pronounced, informed the court that he did not understand the nature of his former plea and requested further counsel. The matter was then continued to November 3d, on which date defendant informed the court that he had retained one Dale C. Miller as counsel and a continuance of the case was thereupon had to November 8th. On that date Alan Nixen was appointed as defendant’s counsel and Mr. Miller was relieved as attorney of record. The matter was again continued to November 10th when, on defendant’s motion, his plea of not guilty by reason of insanity was [602]withdrawn and a plea of not guilty and not guilty by reason of insanity was entered. A jury trial was ordered and set for November 28th. On November 18, 1955, the trial court reviewed the history of the proceedings to the defendant, who then withdrew his plea of not guilty and stated that it was his intention to have the matter tried on the issue of not guilty by reason of insanity only. The court then explained to the defendant the consequences of such a plea and he stated that he fully understood. His pleas of not guilty and not guilty by reason of insanity were ordered withdrawn and his plea of not guilty by reason of insanity entered. A jury trial was had on this issue and a verdict was returned by the jury finding that the defendant was sane at the time of the commission of the offense charged. His application for probation was denied and he was sentenced to the state prison for the term prescribed by law. He appeals from the judgment of conviction.

On March 16,1956, pursuant to the request of the defendant, this court appointed Alan Nixen, the attorney who represented the defendant at the trial, as counsel for defendant on this appeal. Mr. Nixen filed a report herein rather than a brief (People v. Bennett, 120 Cal.App.2d 835 [262 P.2d 59]). He states therein that he has examined the complete record in the lower court and has concluded, after careful research of the points raised by the appellant, that appellant does not have any meritorious grounds for appeal. After studying the record herein, we agree with this conclusion.