People v. Parker
Decision Date | 07 November 1961 |
Docket Number | Cr. 7661 |
Citation | 196 Cal.App.2d 704,16 Cal.Rptr. 718 |
Parties | PEOPLE, Plaintiff and Respondent, v. Bob John PARKER, Defendant and Appellant. |
Court | California Court of Appeals Court of Appeals |
Bob John Parker, in pro. per.
Stanley Mosk, Atty. Gen., and William E. James, Asst. Atty. Gen., for respondent.
By information defendant Bob Parker and Richard Bullard and Jimmie Harris were accused of conspiring to commit armed robbery (count I), grand theft (count II) and robbery (count III). On arraignment the public defender was appointed counsel for Parker.
On November 18, 1960 Parker pleaded not guilty and trial was set for January 11, 1961. On January 11, with his counsel present, Parker personally waived trial by jury. He then withdrew his plea of not guilty to count I, conspiracy to commit armed robbery, and pleaded guilty thereto. A probation report was ordered.
On January 20, 1961 the public defender's motion to be relieved as counsel for Parker was granted and the court appointed G. Lenoir as his counsel. Further proceedings were continued to February 8.
On February 8 Parker filed a written motion for permission to withdraw the plea of guilty and enter a plea of not guilty and his affidavit in support of the motion. The affidavit is quoted in the margin. 1 The motion was denied. Counts II and III were dismissed. Probation was denied. Sentence was to state prison. Parker appeals from the judgment and from the order denying his motion to withdraw his plea of guilty. The order is not appealable and the appeal therefrom will be dismissed. People v. Francis, 42 Cal.2d 335, 336, 267 P.2d 8.
The principal point urged for reversal is that Parker's motion to withdraw the plea of guilty should have been granted. The proceedings on withdrawal of the plea were these:
'Mr. Alston [District Attorney]: That is correct, your Honor.
'Mr. Crigger [Public Defender]: That is correct, your Honor.
'The Court: Is that your desire, gentlemen, Bullard, Harris and Parker? * * *
'The Defendant Parker: Yes, sir.
'The Court: You have talked this over with your attorney, have you? * * *
'The Defendant Parker: Yes, sir.
* * *
'Mr. Alston: Bob John Parker, is that your true name?
'The Defendant Parker: Yes sir.
'Mr. Crigger: Would you tell them what Count I is?
'Mr. Alston: Count I charges you with the crime of conspiracy to commit robbery. * * *
'The Defendant Parker: Yes.
'Mr. Alston: And you are doing this freely and voluntarily, is that correct? * * *
'The Defendant Parker: Yes.
'Mr. Alston: No one has made you any promises of reward, immunity, lesser sentence in order to get you to change your plea, is that correct? * * *
'The Defendant Parker: No.
'Mr. Crigger: Waive further reading. * * *
'Mr. Alston: And Bob John Parker, how do you plead to Count I of the Information?
'The Defendant Parker: Guilty.
* * *
'The Defendant Parker: Yes.
'Mr. Alston: Do you now wish to admit or deny that allegation, Richard Oble Bullard?
'Mr. Crigger: I wonder, Mr. Alston, if this could be put over to the time of probation and sentence hearing?
'Mr. Ettinger: May we have a moment, please?
'Mr. Alston: Are all three of you defendants willing to have the court, this judge, determine, at the time of your probationary hearing and sentence, this question of whether or not you were armed with a dealdly weapon at the time of the commission of the offense? * * *
'The Defendant Parker: Yes, sir.
* * *
'Mr. Crigger: So stipulated, your Honor, yes.
'The Court: All right.
'Mr. Alston: And I believe that it will be further stipulated by counsel that the robbery that this conspiracy involved, that facts would make it a robbery of the first degree. * * *
'Mr. Crigger: So stipulate.
At the hearing of the motion to withdraw the plea of guilty Mr. Lenoir, counsel for Parker, stated to the court that defendant had informed him that the night before the cause came before the court he had discussed with his former attorney the merits of the case and defendant at that time discharged his former attorney, telling him he did not want to be represented by him; that the following morning he talked with one of his codefendants who informed him in the presence of one of the attorneys that the district attorney's office would take a plea to one count only if all the defendants pleaded guilty to that count; that thereafter the attorney left the detention room and his codefendants proceeded to persuade him to assist in entering a guilty plea; that he entered the guilty plea not having full knowledge of the import 'of this particular transaction.'
A defendant who seeks to withdraw a plea of guilty must show good cause therefor. Pen.Code, § 1018. The granting or denial of such an application rests in the sound discretion of the trial judge, and his decision will not be...
To continue reading
Request your trial-
People v. Brotherton
...127 Cal.App.2d 104, 109, 273 P.2d 289; People v. Beck (1961), 188 Cal.App.2d 549, 552, 10 Cal.Rptr. 396; People v. Parker (1961), 196 Cal.App.2d 704, 708, 16 Cal.Rptr. 718.) A defendant seeking to withdraw his plea of guilty and substitute a plea of not guilty must show good cause for such ......
-
People v. Guerrero
...228, 17 Cal.Rptr. 58 [felony complaint was not insufficient because it was not sworn before a magistrate]; People v. Parker (1961) 196 Cal.App.2d 704, 708-709, 16 Cal.Rptr. 718 [corpus delicti rule unnecessary when defendant pleads guilty]; People v. Evans (1960) 185 Cal.App.2d 331, 334, 8 ......
-
People v. Nance, No. E007995
...(1954) 127 Cal.App.2d 104, 109, 273 P.2d 289; People v. Beck (1961) 188 Cal.App.2d 549, 552, 10 Cal.Rptr. 396; People v. Parker (1961) 196 Cal.App.2d 704, 708, 16 Cal.Rptr. 718; People v. McDonough (1961) 198 Cal.App.2d 84, 90, 17 Cal.Rptr. 643; People v. Gannaro (1963) 216 Cal.App.2d 25, 2......
-
People v. Murphy, Cr. 6302
...be reviewed only on appeal from the judgment of conviction. (People v. Francis, 42 Cal.2d 335, 336, 267 P.2d 8; People v. Parker, 196 Cal.App.2d 704, 706, 16 Cal.Rptr. 718; People v. Singh, 156 Cal.App.2d 363, 365, 319 P.2d 697; People v. Moffett, 137 Cal.App.2d 626, 628, 290 P.2d 667.) Mor......