People v. Field

California Court of Appeal Feb 26, 1959 No. Crim. No. 1198Published

Before: Mussell

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Holding. A defendant's plea of guilty, entered with the advice of counsel, constitutes a conclusive admission of guilt, and the trial court does not abuse its discretion in denying a request to withdraw such a plea or in denying probation absent clear and convincing evidence of error.

Issues

Whether the trial court abused its discretion in denying the defendant's request to withdraw his guilty plea.
Whether the trial court abused its discretion in denying the defendant's application for probation.

Disposition. affirmed

Quotations verified verbatim against the opinion

“This plea, entered under the advice of his attorney, was an admission of every element of the offense charged and constituted a conclusive admission of appellant’s guilt.”

“It is well settled in our law that an accused who seeks to set aside a plea of guilty must show good cause therefor, and the granting or denial of such an application rests in the sound discretion of the trial judge”

MUSSELL, J. Appellant was accused in the first count of an information with driving a motor vehicle without the consent of the owner (Veh. Code, § 503) and in the second count he was charged with child stealing (Pen. Code, § 278). On April 25, 1958, he pleaded not guilty and trial was set for May 14, 1958. On that date appellant and his appointed counsel Harry G. Andrews moved the court to vacate the appointment of said counsel. This motion was granted and Bertram L. Spears was then appointed as counsel for appellant and the trial was continued until May 27, 1958. On May 22, 1958, appellant and his newly appointed counsel appeared before the court and the following proceedings were had:

“Mb. Speabs : At this time, your Honor, the defendant requests permission of the Court to withdraw his plea of not guilty heretofore entered to the count of violation of California Vehicle (sic) Section 503 for the purpose of entering a plea of guilty to that count.

“The Coubt: That is the first count? Mb. Speabs: Yes, sir.

“The Coubt : Mr. Field, you have heard your attorney state that you desire to withdraw your plea of not guilty to Count [271]One of this Information which charges you with driving a motor vehicle without the consent of the owner, a felony, in violation of Section 503 of the California Vehicle Code, for the purpose of entering a plea of guilty. Is that your wish ?

“The Defendant: Yes, sir.

"The Court : The plea of not guilty is permitted to be withdrawn. What is the plea of the defendant, then?

"The Defendant : Guilty, your Honor.

“The Court: You plead guilty to Count One of the Information ?

“The Defendant: Yes, your Honor.”

Application for probation was received by the court and referred to the probation officer for investigation and report. The hearing on this report and pronouncement of judgment were continued to June 12, 1958. On that date, at the request of the probation officer, the matter was continued to June 20, 1958, at which time the court stated that he had read and considered the report of the probation officer, and appellant was asked if he had legal cause to show why judgment should not then be pronounced. Attorney Bertram Spears stated that there was no legal cause. The court then stated that the probation officer had recommended against probation and that the report appeared to be a most excellent and thorough study of appellant’s situation. The court then announced that the defendant’s application for probation was denied and the defendant then said:

People v. Field

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