169 Cal. App. 2d 446 | Cal. Ct. App. | 1959
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 follow
The sole contention on appeal is that the trial court erred in refusing to permit the withdrawal of appellant’s plea of guilty. It is settled that an accused who seeks to set aside a plea of guilty must show good cause therefor and that the granting or denial of such an application rests in the sound discretion of the trial judge, whose decision will not be disturbed on appeal unless an abuse of that discretion is clearly
No cause appears for reversal of the judgment appealed from, and it is accordingly affirmed.
Sehottky, J., and Warne, J. pro tern.,
Appellant’s petition for a hearing by the Supreme Court was denied June 3, 1959.
Assigned by Chairman of Judicial Council.