140 Cal.App. 616, Cr. 2547, People v. Brown
|Docket Nº:||Cr. 2547.|
|Citation:||140 Cal.App. 616, 36 P.2d 194|
|Opinion Judge:||WHITE, Justice pro tem.|
|Party Name:||PEOPLE v. BROWN.|
|Attorney:||George N. Brown, in pro. per. U. S. Webb, Atty. Gen., and Frank Richards, Deputy Atty. Gen., for the People.|
|Judge Panel:||We concur: CRAIG, Acting P. J.; DESMOND, J.|
|Case Date:||September 12, 1934|
|Court:||California Court of Appeals|
Appeal from Superior Court, Los Angeles County; Charles S. Burnell, Judge.
George N. Brown was convicted of robbery in the first degree, and he appeals.
On December 28, 1932, the district attorney of Los Angeles county filed an information in the superior court against the defendant, who is the appellant herein, charging him with the crime of robbery committed on or about the 5th day of December, 1932, which information further charged the defendant with having been convicted of a prior felony in the county of Los Angeles, in this state, and having served a term therefor in the state prison. There is nothing in the information from which it can be determined whether the offense charged is of the first or second degree. Upon arraignment a date was fixed by the court for defendant to enter his plea, upon which day, January 3, 1933, the defendant regularly and duly entered his plea of not guilty to the charge contained in the information and admitted the prior conviction charged therein. The cause was thereupon set for trial on January 23, 1933. On the last-named date defendant appeared in court with his counsel and by leave of court withdrew his theretofore entered plea of not guilty, and, upon being forthwith rearraigned, the record discloses that the following proceedings were had:
" Mr. Choate [deputy district attorney]: In this information you are charged with the crime of robbery.
" Mr. Hill [public defender]: We waive the further reading.
" Mr. Choate: At this time, how do you plead to this charge, guilty or not guilty?
" The Defendant Brown: Guilty.
" Mr. Choate: May the record so show?
" The Court: Yes.
" Mr. Choate: Counsel, will you stipulate at this time that it was robbery in the first degree?
" Mr. Hill: Yes.
" The Court: A gun was used?
" Mr. Hill: Yes.
" The Court: Very well. Under the stipulation the court will find the robbery to be robbery of the first degree.
" Mr. Hill: We waive time for sentence."
The court then pronounced judgment in the following language, so far as pertinent here: " Whereas the said George N. Brown, having duly pleaded guilty in this court to the crime of robbery, a felony, as charged in the information which the court found to be robbery in the first degree; * * * It is therefore ordered, adjudged and decreed that the said George N. Brown be punished by imprisonment in the State Prison of the State of California at Folsom for the term prescribed by law." No appeal was taken by defendant from the judgment so pronounced against him.
On the 23d day of October, 1933, defendant gave notice that on the 6th day of...
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