People v. Williams

• Citation: 174 Cal.App.2d 364,345 P.2d 47
• Decision Date: 09 October 1959
• Docket Number: Cr. 6333
• Court: California Court of Appeals
• Parties: PEOPLE of the State of California, Plaintiff and Respondent, v. Robert E. WILLIAMS, Defendant and Appellant.

Page 47

345 P.2d 47

174 Cal.App.2d 364

PEOPLE of the State of California, Plaintiff and Respondent, v. Robert E. WILLIAMS, Defendant and Appellant.

Cr. 6333.

District Court of Appeal, Second District, Division 1, California.

Oct. 9, 1959.

Hearing Denied Dec. 2, 1959.

Barbara Warner, Los Angeles, for appellant.

Stanley Mosk, Atty. Gen., William E. James, Asst. Atty. Gen., Philip C. Griffin, Deputy Atty. Gen., for respondent.

PER CURIAM.

On May 9, 1958, the District Attorney of Los Angeles County filed an information wherein defendant was accused of the crime of murder (Penal Code, § 187), in that on or about November 20, 1955, he feloniously killed Ralph Burgess. On May 12, 1958 defendant was arraigned in the superior Court, and on his motion, the cases was continued to May 14, 'to allow defendant time to obtain counsel'. On the last named date the matter was again continued on motion of defendant, to May 16, 'to allow defendant's counsel to be present', at which time defendant again appeared without counsel, and the clerk's transcript reflects the following: 'Defendant refuses the Court's offer to appoint counsel for defendant and requests to represent himself in propria persona. Defendant moves to dismiss under 995 Penal Code. Motion is denied. Defendant pleads 'Not Guilty' as charged. Trial is set for June 10, 1958 at 9:00 A.M.' According to the clerk's transcript, on May 27, 1958, 'On the Court's own motion, trial is advanced from June 10, 1958. Deputy District Attorney L. Compton and the Defendant in propria persona, present. The Court again offers to appoint counsel for defendant and offer is refused by defendant. Request of defendant to have certain witnesses subpoenaed for trial who are prisoners at Folsom Prison is denied. Request of defendant to have certain other witnesses subpoenaed is granted and the clerk is instructed to prepare subpoenas. Trial is re-set for June 10, 1958 * * * '. Again, on June 6, the court on its own motion advanced the trial from june 10, and defendant appeared without counsel, whereupon, according to the clerk's transcript the following took place: 'Defendant's request to have private counsel appointed by the Court is denied. The Court's offer to appoint the Public Defender to represent defendant is again refused by defendant. Trial is reset for June 10, 1958 * * *', upon which date, 'Due to calendar congestion, trial is continued to June 11, 1958'. All of the foregoing proceedings were had before Judge Ralph K. Pierson. On June 10, in a letter to Judge Pierson, defendant requested that the cause be tried before another judge on the ground that defendant 'felt and believed' he could not obtain a 'fair and impartial trial' before said judge, 'By reason of prejudice feeling, and error statements made, by said Judge Ralph K. Pierson.' On the following day, Judge Pierson transferred the cause to another department of the court presided over by Judge Beach Vasey. When the latter called the case for trial, there was some discussion concerning defendant's request that some three witnesses confined in Folsom State Prison be summoned to testify in his behalf. The district attorney conceded the possible materiality of the testimony which defendant expected such witnesses to give, and the court stated, 'Mr. Williams, Mr. Compton (Deputy District Attorney) has suggested that they (the witnesses) would not be needed to begin this trial and if the occasion arose we could secure their attendance here. Is that arrangement satisfactory with you?', to which defendant replied, 'That would be quite all right, yes.'

The record also reflects that upon this occasion, and with regard to defendant being represented by counsel, the following occurred:

'The Court: And yoy have chosen not to be represented by an attorney, but to represent yourself?

'The Defendant: This is correct.

'The Court: Now, Mr. Williams, the charge against you, of course, is a serious charge. I will renew the offer that has been previously made to you to appoint counsel to represent you, if you desire to have counsel to represent you. I do not wish to take any advantage of anything that has happened in any other court and I don't want to force you to trial representing yourself. Let me state that in representing yourself I will do everything I can to see that you get a fair and impartial trial, but representing yourself, you are not excused from any of the legal requirements that would be involved if you had counsel representing you.

'The Defendant: That is understood.

'The Court: You are not entitled to any special privileges or favors because you elect to represent yourself. Do you understand that?

'The Defendant: I understand that.

'The Court: I will, despite the fact that we are all here ready to go with the trial, renew the suggestion that if you want to change your decision to represent yourself and have an attorney represent you, I will still give you that opportunity.

'The Defendant: I appreciate it very much, but I still want to represent myself.

'The Court: You understand that if you do that that it does not give you any special privilege or any rights that you would not have if you were represented by an attorney?

'The Defendant: Right.' (Emphasis added.)

The cause proceeded to trial before a jury which found defendant guilty of murder as charged in the information, and found it to be murder of the first degree. Finding that defendant was under the age of eighteen years at the time the offense was committed, to wit, seventeen years old, the court sentenced him to state prison for life.

From the judgment of conviction, the sentence, and the order denying him the right to counsel, defendant prosecutes this appeal. An appeal from the sentence is not authorized by law (People v. Gallardo, 41 Cal.2d 57, 60, 257 P.2d 29), and equally nonappealable is the order as to counsel, the latter being reviewable upon an appeal from the judgment (Penal Code, § 1237). The last two ineffectual appeals must therefore, be dismissed.

Concerning the factual background surrounding this prosectution, the record reveals that about 10:30 or 11:00 o'clock, on Sunday morning, November 20, 1955, Thelma Conrad and Marjorie Perez entered McKinney's Furniture Store at 2430 East Pacific Coast Highway, Long Beach, where a salesman who had been sweeping greeted them and accompanied them around the store. About 15 or 20 minutes later, as the ladies were preparing to leave, three men entered the store, two coming into the store and the third remaining at the door. The salesman went over to the two men who had actually entered the store, and they stood there in front of him. Just as the ladies were about to leave Marjorie Perez spoke to the man standing at the door and as she spoke one of the two men within the store turned around and faced the ladies. Both Thelma Conrad and Marjorie Perez positively identified that man as the defendant. The latter and the other man were wearing black waist-length windbreaker jackets. The other man in the store was just a little shorter, with the same color hair. Both had dark hair. Defendant appeared to have dark wavy hair. He appeared to be six feet tall, medium in build, about 135 to 140 pounds. The man at the door was light-complected, sandy-haired and wore a light shirt, kind of bluish-gray plaid, light slacks. He was around five-eight or nine in height. The two women then left the store soon after the man who had been standing at the door left and walked down the street.

Mr. Everett L. McKinney owned the furniture store at 2430 East Pacific Coast Highway on November 20, 1955. On that date Mr. Burgess was working for Mr. McKiney and came to the door about 10 a. m. to obtain the keys to the store as Mr. McKinney lived at the rear thereof. At about 11:20 that morning Mr. McKinney came into the store and found Mr. Burgess lying in the aisle. Mr. McKinney did not examine the body closely but immediately called the police. After the police arrived the personal effects of Mr. Burgess were checked and nothing appeared to be missing nor was there anything taken from the store.

Officer Wallace J. Dillon arrived at the furniture store at 11:45 a. m. and observed the body of a man lying in the aisle. He examined a .32 caliber Hopkins-Allen chrome-plated revolver that was in the desk drawer in the back of the store. It was fully loaded and had not been fired.

An autopsy was performed by Dr. Lester Adelson, Chief Deputy Coroner, on Ralph H. Burgess at 5:40 p. m. on November 20, 1955. Based upon the findings contained in this autopsy report Dr. Frederick D. Newbarr was permitted to testify over the objection of defendant that in his opinion the cause of death was a gunshot would of the head with intracranial hemorrhage and lacerations of the brain. The bullet that was removed from the victim's head was turned over to Officer Dillon by Mr. Dillard of the coroner's office and Officer Dillon gave it to Mr. Ralph I. Simond a ballistics expert who, after examining it, formed the opinion that it was fired from a .32 caliber Colt. During the year 1958, defendant was an inmate of Folsom Prison where he was serving a life sentence on a previous conviction for the murder of one Manistar in San Pedro, near Long Beach in Los Angeles County.

During February of 1958, Robert A. Heinze, Warden of the State Prison at Folsom, received a letter purporting to be signed by defendant, and reading as follows:

'Dear Sir: I am writing this letter because I am tired of doing time. This murder happened on November 20, 1955, about 11:15 a. m. in McKinney's Furniture Store In Long Beach, California. I was going to rob the guy but I got scared and shot him in the head with a .32 pistol. When he came after me I shot him and ran out without robbing him. This crime happened on a Sunday morning. I was paroled from DVI Tracy, California, on November 10, 1955, and ten days later I killed my first human. It is all off my chest now...