People v. Dale

HERNDON, J. Appellant was charged with grand theft in two counts of an information which alleges that during the two different periods of time specified therein, appellant “did willfully, unlawfully and feloniously take money of an amount in excess of two hundred and 00/100 Dollars ($200.00), lawful money of the United States, the personal property of State of California Department of Employment, ...”

Appearing with counsel, appellant in due form entered her plea of guilty to both counts, and on October 14, 1964, a judgment of conviction was entered thereon sentencing her to prison for the term prescribed by law. On October 20, 1964, appellant appeared by substituted counsel and moved to vacate the judgment of conviction, to withdraw her plea of guilty, and for leave to substitute a plea of guilty to a charge of violating section 2101 of the Unemployment Insurance Code.

While admitting that she stole in excess of $6,000 of state funds, appellant nevertheless urged her basic contention that the trial court was without jurisdiction to try her on any charge other than that of violating section 2101 of the Unemployment Code which declares that “It is a misdemeanor to wilfully make a false statement or representation or knowingly fail to disclose a material fact to obtain . . . any benefit or payment under the provisions of this division. ...”

On October 22, 1964, the trial court heard and denied appellant’s motion. On the same date appellant filed her notice of appeal from “the judgment and conviction and sentence imposed upon her, and from the denial of applications and motions made after judgment, and from each and every part thereof, on questions of law and fact. ”

[637]It is elementary, of course, that a judgment entered on a plea of guilty is not appealable on the merits. (People v. Mullane, 182 Cal.App.2d 765, 768 [6 Cal.Rptr. 341].) Ordinarily, a defect of the variety here alleged may not be reached by any motion made after judgment. As stated in People v. Banks, 53 Cal.2d 370, 378-379 [1 Cal.Rptr. 669, 348 P.2d 102] :

“Except where the asserted defect is jurisdictional or constitutional [citation], a situation not presented here, the limited purpose of the nonstatutory motion to vacate a judgment of conviction, or the California version of the writ of error coram nobis, is ‘to secure relief, where no other remedy exists, from a judgment rendered while there existed some fact which would have prevented its rendition if the trial court had known it and which, through no negligence or fault of the defendant, was not then known to the court.’ [Citation.] The remedy does not lie to enable the court to correct errors of law. [Citation.]