People v. Wright

SCHOTTKY, J. Defendant above named was charged by information with two counts of violating section 288 of the Penal Code, each count charging defendant with committing lewd and lascivious acts upon the body of a 12-year-old girl.

On July 12, 1957, appellant appeared without counsel for arraignment. The court appointed Deputy Public Defender William Lundgren to represent appellant. Thereupon appel[848]lant pleaded not guilty by reason of insanity of violating section 288 of the Penal Code as charged in the two counts of the information. The appellant waived his right to a trial by jury and the matter was set for hearing on July 29, 1957.

On July 29, 1957, the day set for the appellant’s sanity hearing, appellant’s counsel moved to withdraw appellant’s former plea of not guilty by reason of insanity. Said motion was denied. Dr. R H. Noce and Dr. Warner M. Soelling were sworn and testified and their reports were received into evidence and filed as a matter of record. The testimony of the two doctors and their reports was the only evidence introduced at said hearing. The court, from the evidence produced, held that appellant was sane in July, 1956, as well as at the time of trial. By leave of court appellant was permitted to withdraw his former plea of not guilty by reason of insanity and entered a plea of not guilty to the two counts as charged in the information. The matter was set for trial by jury for August 20, 1957.

On August 9,1957, by leave of court, appellant, while represented by counsel, withdrew his former plea of not guilty to the two counts charged in the information and entered a plea of guilty to each of the two counts charged in the information. On the same day, the court suspended proceedings and arraignment was set for August 12, 1957, to determine whether appellant was a sexual psychopath. Thereafter, sexual psychopathy proceedings were had, and it was determined that appellant was not a sexual psychopath. Thereafter, probation was denied and appellant was arraigned for judgment. The court asked appellant if he had any legal cause why judgment should not be pronounced. His attorney replied, “No legal cause.” Judgment was pronounced, sentencing defendant on each count to the California Medical Facility at Vacaville, California, for the term prescribed by law. Defendant has appealed from the judgment.

At the request of appellant this court appointed Richard F. Barbean, a member of the Sacramento Bar, to represent appellant on appeal. Mr. Barbean, in a letter to this court, stated that after an examination of the record and communication with appellant and counsel who represented appellant at the trial, it is his (Mr. Barbean’s) opinion that there is no merit in the appeal.