Persons v. State
| Decision Date | 25 August 1960 |
| Docket Number | No. 35358,35358 |
| Citation | 56 Wn.2d 655,354 P.2d 895 |
| Court | Washington Supreme Court |
| Parties | Application for a Writ of Appeal of Telford H. PERSONS, Petitioner, v. STATE of Washington, Respondent. |
Telford H. Persons, petitioner, in pro. per.
R. DeWitt Jones, Pros. Atty., Vancouver, for respondent.
This is an appeal in forma pauperis from an order entered by the superior court for Clark county on October 8, 1959, denying appellant's petition for a writ to quash a certain judgment and sentence entered by that court May 2, 1951, or, in the alternative, for a new trial pursuant to RCW 4.72.010(5).
The judgment and sentence referred to was based on an information filed February 15, 1951, charging appellant as follows:
'That he, the said B. Theodore Persons, did, in the County of Clark, State of Washington, on or about the 26th day of January, 1951, with intent to deprive and defraud, unlawfully make and deliver to another person a check drawn on the Vancouver Branch of the Seatlle First National Bank to the order of Darnell Auto Sales Company the sum of $800.00, for which said check he received an automobile, knowing at the time of delivery that he did not have sufficient funds or credit with said bank to meet said check in full upon its presentation, contrary to the statutes in such cases made and provided, and against the peace and dignity of the State of Washington.'
Appellant was represented by court-appointed counsel, to whom he was released from custody for the purpose of hospitalization. Appellant states in his brief that he was placed under ovservation in the veterans' hospital at Vancouver. On April 27, 1951, he pleaded guilty to the information.
On May 2, 1951, upon this plea, appellant was found guilty of the crime of grand larceny as charged and was sentenced to imprisonment at the state penitentiary for a maximum term of fifteen years. His name was corrected on the judgment and sentence, and the value of the automobile as being in excess of twenty-five dollars was orally ordered interlined in the information. The words 'psychopathic treatment recommended' were inserted in the judgment and sentence above the judge's signature.
On August 9, 1954, the judge who signed the judgment and sentence entered the following order upon the motion of the deputy prosecutor:
'Now, Therefore, It Is Hereby Ordered that the following words be interlined on the original complaint, to-wit: (that the value of the property was in...
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State v. Wells
...855, 420 P.2d 693 (1966), cert. denied, 386 U.S. 997, 87 S.Ct. 1319, 18 L.Ed.2d 347 (1967); State v. Price, Supra; In re Persons v. State, 56 Wash.2d 655, 354 P.2d 895 (1960). 3. An application to withdraw a plea of guilty after entry of the judgment and sentence is treated as a motion to v......
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State v. Sampson
...P.2d 848 (1955), cert. denied 350 U.S. 1002, 76 S.Ct. 550, 100 L.Ed. 866 (1956). We repeated that conclusion in In re Persons v. State, 56 Wash.2d 655, 354 P.2d 895 (1960). Yet a number of cases have held that a motion to withdraw a plea of guilty after judgment and sentence will be treated......
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