Opinion
Page __
__ Cal.App.2d __ 318 P.2d 560 The PEOPLE of the State of California, Plaintiff and Respondent, v. Dennis John DOYLE, Defendant and Appellant. Cr. 5973. California Court of Appeals, Second District, Third Division Dec. 4, 1957Hearing Ordered Jan. 28, 1958.
Dennis John Doyle, in pro. per.
Edmund G. Brown, Atty. Gen., for respondent.
PER CURIAM.
Dennis John Doyle was accused by information of four offenses of forgery of a fictitious name (Penal Code § 470). The information alleged that he had suffered a previous felony conviction of violation of the Dyer Act, 18 U.S.C.A. §§ 2311-2313, under the name of William T. Heiser, another conviction of issuing a check without sufficient funds and had served terms of imprisonment therefor in a federal prison and a state prison.
Upon the trial defendant was represented by a deputy public defender. To the first count of the information he pleaded guilty; he denied the former conviction, and waived trial by jury. The matter of probation and disposition of the remaining counts was continued for future disposition. Defendant filed an application for probation, which was denied. The three remaining counts of the information were dismissed, the allegations of the former convictions were stricken, and defendant was sentenced to state prison.
The judgment was rendered March 29, 1957; defendant's notice of appeal signed by himself, addressed to the trial judge, was dated April 8th; it was mailed April 9th and filed with the clerk April 10th.
Upon the request of defendant for the appointment of counsel on the appeal the matter was referred to the Committee on Criminal Appeals of the Los Angeles Bar Association. A report was made to the court by a member of the committee that the record had been examined and that it disclosed no meritorious ground for an appeal; defendant's request for appointment of counsel was denied; defendant was so notified and given 30 days for the filing of a brief. No brief has been filed.
After probation was denied, defendant asked that his plea of guilty be rescinded. The court stated: 'If you feel that you have pled guilty to something that you are not guilty of--' when defendant interrupted, saying, 'Well, I am guilty of the one charge I admit it but I want to stand a court trial. I think I can get out of it by gosh, the way I've been treated.' Defendant also stated that he had been told by his attorney, whom we know as an able and experienced lawyer, that the [318 P.2d 561] charge to which he was pleading guilty was a misdemeanor which the attorney designated, and the court believed to be, a misstatement. Defendant is 80 years of age, and this fact was no doubt taken into consideration by the court in ordering dismissal of three counts of the information and striking the allegations of the former convictions.
The judgment is affirmed.