People v. Francisco

BROWN (R. M.), J. The plaintiff pleaded guilty to a charge of violation of Penal Code section 470 (forgery) and was sentenced on March 9, 1965, to prison. In July 1965 he filed a petition for a writ of coram nobis. Appellant was personally present at the hearing held on August 6, 1965, where the court was extremely careful in asking appellant whether or [438]not he wanted an attorney. At that time the appellant waived his right to counsel an'd the matter was subsequently continued to August 11, 1965, where the appellant again waived his right to counsel. Upon denial of relief on the petition, he filed a timely notice of appeal.

Prior to the time of sentencing the appellant was represented by Deputy Public Defender Stone, and by Chief Public Defender Hancock at the time of sentencing. At the hearing on the writ the appellant called Mr. Stone as a witness with reference to his recollection of a conversation with appellant concerning the possibility of making restitution for the bad checks and for probation. The witness denied that he had had such a conversation with appellant and testified that he did not recall telling appellant he would talk to the district attorney or the judge and attempt to get probation for the appellant. Mr. Hancock, also called as a witness by appellant, stated that his only conversation with appellant was that he advised him he would attempt to contact appellant’s brother-in-law to see if restitution would be possible. On the stand, appellant testified that Mr. Stone was going to get in touch with his brother-in-law with regard to restitution and would attempt to get appellant probation. Appellant also claimed that Mr. Hancock was asked why Mr. Stone had not kept his word about getting probation and that Mr. Hancock told him that he would talk to the district attorney and try to get appellant off with probation or county time.

On cross-examination at the hearing appellant said he thought he was going to receive probation until he saw the probation report. Appellant refused, at the hearing, to acknowledge that he had written a letter to the court on January 22, 1965, at which time he asked the judge for one more chance to prove himself. He did, however, admit making a statement to the probation officer which concluded with the statement that “They may not be the best facts but it’s what happened and how I came about getting into this mess that I’ll do three years for.” Appellant also admitted on cross-examination that before he saw the probation report he was sure that he would get the “joint. ”