People v. Torres

• Decision Date: 08 April 1959
• Docket Number: Cr. 2887
• Citation: People v. Torres, 337 P.2d 493, 169 Cal.App.2d 446 (Cal. App. 1959)
• Court: California Court of Appeals
• Parties: PEOPLE of the State of California, Plaintiff and Respondent, v. Robert Angelo TORRES, Jr., Defendant and Appellant.

Page 493

337 P.2d 493

169 Cal.App.2d 446

PEOPLE of the State of California, Plaintiff and Respondent, v. Robert Angelo TORRES, Jr., Defendant and Appellant.

Cr. 2887.

District Court of Appeal, Third District, California.

April 8, 1959.

Hearing Denied June 3, 1959.

Burton T. Bost, Orangevale, for appellant.

The Attorney General, by Lloyd Hinkleman, Deputy Atty. Gen., for respondent.

VAN DYKE, Presiding Justice.

This is an appeal from a judgment of the Humboldt County Superior Court, following a plea of guilty to one count of a complaint, a dismissal of a second count, and the certification of the cause to the superior court for further proceedings.

Appellant had been represented in the justice's court by the public defender and when he appeared in the superior court, pursuant to the certificate, the public defender's appointment was continued. The court inquired if, as represented by the record before it, the defendant's plea of guilty had been entered in the justice's court and was assured by defendant's counsel that the record was correct. The matter was then referred to the probation officer for a report and further proceedings were set for a later date. On the date set, the following occurred:

'Mr. Monette [Counsel for Defendant]: * * * At this time due to the following circumstances I wish to make a motion to have this referred back to the Justice Court for the purpose of changing his plea. The day before the preliminary was set I was called and notified by the County Detective that he wished to plead, and I said I advised him not to do that, to go ahead with the preliminary, but they said they were going to bring him down there, and 'You bring him down there,' and I said, 'Is there going to be any consideration for this,' and I was promised a consideration, which, according to the Probation Officer's report, according to Mr. Hammond [Humboldt County District Attorney], that I haven't received. In addition to that, before I ever looked at this Probation Officer's report I was contacted by the defendant and he said that now he had found his wits and that he had--he would follow my advice in the matter and desired to move this Court to refer the matter back to the Justice Court for change of plea, and I so make the motion.

'Mr. Hammond: May it please your Honor, for the purpose of the record, I wish to state that this defendant was in the court at one time for the purpose of making a plea. At that time the Public Defender asked me if I would change that to 499-B. [Penal Code.] I informed him at that time I would not, I would not consider it, and I walked out of court. He was returned then again on another day--I think it was a day subsequent, next day or...