In re JOE RAY HUDDLESTON on Habeas Corpus
Crim. No. 12959
Supreme Court of California
Sept. 15, 1969
1031
In Bank.
The writ is granted and defendant is discharged from custody.
Traynor, C. J., McComb, J., Peters, J., Mosk, J., Burke, J., and Sullivan, J., concurred.
Thomas C. Lynch, Attorney General, Doris H. Maier, Assistant Attorney General, and Arnold O. Overoye, Deputy Attorney General, for Respondent.
TOBRINER, J.—In his petition for a writ of habeas corpus, Joe Ray Huddleston (hereinafter referred to as defendant) contends that the trial court improperly considered an invalid prior conviction which, if not taken into account in sentencing, would have rendered him eligible for probation. We have concluded that the evidence dеmonstrates the invalidity of the prior conviction; we therefore transfer the case back to the sentencing court for a redetermination of sentence.
The District Attorney of the County of Los Angeles in January and February 1961 filed two separate informations charging defendant with violation of
The Sacramento court ruled that the prior conviction resulting in the commitment to the California Youth Authority was indeed invalid because, even though the 17-year-old defendant “waived” his right to counsel, there “is nothing in the record, nor has any evidence been introduced, to suggest that this was an intelligent, informed waiver.” Nevertheless the Sacramento Superior Court refused to remand the case to the County of Los Angeles for resentencing because it “appears clear that the prior convictions were not a factor in the Court‘s consideration of the application for probation. The Court was concerned, rather, with the fact that petitioner had, after his release on bail, committed another offense and that he was being sentenced on both of those charges. The application for probation was considered and denied on its merits.” The court concluded: “It would be a futile gesture to seize upon this technicality and to return petitioner to Los Angeles for a further evaluation of his case by the Superior Court.”
To defendant‘s petition in this court for a writ of habeas corpus the Attorney General posits denial upon the following untenable propositions: (1) Defendant‘s challenge to the prior conviction comes too late; (2) defendant has failed to allege facts which invalidate the records of the Fresno Superior Court to the effect that he waived his right to counsel; and (3) the sentencing judge rejected probation even though he considered the possibility of defendant‘s eligibility for probation; the transfer of this case from the Sacramento Superior Court to the sentencing Los Angeles Superior Court would therefore constitute an idle act.
We cannot accept the Attorney General‘s first argument that defendant has waited an unreasonable time after this court‘s decisions in In re Woods, supra, 64 Cal.2d 3, In re Luce (1966) 64 Cal.2d 11 [48 Cal.Rptr. 694, 409 P.2d 918],
We faced a similar argument in In re Caffey (1968) 68 Cal.2d 762, 773 [69 Cal.Rptr. 93, 441 P.2d 933]. There we ruled that a defendant could not be expected to raise at the time of his conviction points of law which had not yet been pronounced. “Moreover, to find a waiver in these circumstances would unduly restrict the right to relief from a substantial increase in punishment based on a constitutionally invalid conviction” (68 Cal.2d at p. 773).
We rendered our decisions in Woods, Luce, and Tucker on January 26, 1966. Defendant in the instant case filed his petition for writ of habeas corpus with the Sacramento court sometime during the summer of 1968; the court denied the writ on October 4, 1968. We have established no time limit for the presentation of claims in a petition for habeas corpus; indeed the basic function of habeas corpus is to afford relief which cannot otherwise be procured. The lapse of two and one-hаlf years does not become unreasonable under the present circumstances; in any event, defendant‘s delay primarily worked to his own disadvantage.
We must reject the Attorney General‘s second contention that defendant fails to rebut the record of the Fresno court to the effect that he waived counsel in that proceeding. Indeed the superior court on the hearing of the habeas corpus petition rendered the following finding: “A review of the evidence establishes that there had been a waiver of counsel by the petitioner who was then seventeen years of age. There is nothing in the record, nor has any evidence been introduced, tо suggest that this was an intelligent, informed waiver. This court is, therefore, prepared to determine, and does determine, that the first of the two prior convictions is invalid for any purpose.”
In a candid elucidation of the records of the Fresno proceedings1 the Chief Deputy District Attorney for the County
Moreover, the defendant testified at the habeas corpus hearing that he was not represented by counsel in the Fresno proceedings, that he did not waive counsel, that counsel was not offered to him, and that he did not recall advising the court that he did not wish counsel “because I think I would have acceptеd an attorney if it was offered to me.” The prosecution did not attempt to contradict defendant‘s testimony.
Thus, although the Attorney General in his return disputes the denial of a waiver of counsel in defendant‘s present petition, the admissions of the district attorney‘s representative irrefutably support defendant. The evidence sufficiently uрholds the findings in the habeas corpus proceedings that defendant did not effectively waive his right to counsel. The prior conviction must therefore be adjudged invalid.
Finally, we consider the Attorney General‘s third contention that the sentencing court in fact considered and rejected the possibility of probation for defendant; that therеfore a transfer of the case to the sentencing court at this time would be an idle act.
The provisions of paragraph 4 of
In any event, we ruled in In re Caffey, supra, 68 Cal.2d 762, 765, that if new findings disclose that the sentencing court considered an invalid prior conviсtion in fixing the original sentence, that court bears the obligation of resentencing. (See In re Haro (1969) ante, pp. 1021, 1025 [80 Cal.Rptr. 588, 458 P.2d 500]; In re Dabney (1969) ante, pp. 1, 5 [76 Cal.Rptr. 636, 452 P.2d 924] (in which case we ruled that in view of the determination that defendant had been sentenced on the basis of a prior invalid narcotics conviction the defendant “was entitled to be considered for probation and, if probation werе denied, to sentencing as an offender without a previous narcotics conviction“); In re Pfeiffer (1968) 264 Cal.App.2d 470 [70 Cal.Rptr. 831].) The Sacramento court5 is not entitled to divine the ruling which the sentencing court would have reached if a different set of facts had been presented to it; nor
Thus, in sum, we pass here only upon the question whether defendant obtained the benefit of a proper probation hearing. Although the issue frames no great questiоn of law, it crucially affects this individual defendant; he is entitled to a hearing in which the court can exercise its judgment upon the basis of a sound presentation of his legal status. Unfortunately, in view of the erroneous concept of the legality of defendant‘s prior conviction, that clear and certain legal premise was missing here. Tо postulate that the sentencing judge passed on the merits of the application basing his decision upon paragraph 3 of
The writ is granted and defendant is remanded to the custody of the Superior Court of Los Angeles County for resentencing in accordance with the views expressed herein.
Traynor, C. J., Peters, J., and Sullivan, J., concurred.
MOSK, J.—I dissent.
While I agree with the substantive conclusions of the majority, the proposed disposition is “an exercise in futility that serves no useful purpose other than mеre bookkeeping.” (People v. Francis (1969) ante, pp. 66, 79 [75 Cal.Rptr. 199, 450 P.2d 591].) In re Falk (1966) 64 Cal.2d 684 [51 Cal.Rptr. 279, 414 P.2d 407], made it clear that this court may look at the entire record in order to ascertain whether a remand for resentencing is a mere idle act.
As found by the court on petition for habeas corpus, the record establishes beyond doubt that this petitioner was not prejudiced at the time of his probаtion and sentence hearing by reason of the prior convictions, either the admittedly valid Los Angeles prior or the Fresno conviction deemed invalid.
It is significant that at the probation and sentence hearing defense counsel did not plead for probation; he requested merely that the sentences be ordered to run concurrently. The trial court, in denying the request and simultaneously denying probation, commented on the societal risk involved “where a man is out on bail and then commits another crime.” The court thereupon exercised its discretion, denied the application for probation on the merits and sentenced the defendant in each of the two pending сases, the terms to run consecutively.
Thus the record abundantly supports the memorandum conclusion of the court on habeas corpus that “the prior convictions were not a factor in the Court‘s consideration of the application for probation.” The court also properly found that “it would be a futile gesture” to rеturn the petitioner to Los Angeles for a further evaluation of his case. No abuse of discretion appears to justify our belated interference.
In addition to the foregoing factors, this case illustrates one of the evils inherent in automatically remanding a matter to the original trial court for reevaluation many years after judgment. The sentence here was imposed by the trial judge on April 6, 1961. More than eight years have elapsed and in the interim the trial judge familiar with the case has retired. Thus, another judge must examine the record and reach a conclusion based solely on a reading of cold type, rather than upon familiarity with and recollection of courtroom events. In the interest of economy of time, and preservation of prison routine (People v. Francis, supra, ante, p. 66), this court should read the same record, reach its conclusion, and make an appropriate order.
I would order the Fresno felony stricken from defendant‘s record and then deny the petition.
McComb, J., and Burke, J., concurred.