Barteau

Defendants William Barteau and Janis Worthy Barteau appeal their probation orders deemed final judgments after they pleaded guilty to possessing marijuana (Health & Saf. Code, § 11530). They contend the court abused its discretion in denying their motions to withdraw their guilty pleas.

Defendants were initially charged by information with possessing marijuana for sale (Health & Saf. Code, § 11530.5), possessing peyote (Health & Saf. Code, § 11500) and possessing opium (Health & Saf. Code, § 11500). William Barteau was charged with a prior conviction of possessing marijuana. Defendants moved to set aside the information and to suppress evidence. The court denied the motions to set aside the information when defendants failed to appear either in person or by counsel on April 6, 1968, the hearing date. The record does not disclose the disposition of the motions to suppress evidence which had also been noticed for April 5, 1968.

On April 17, 1968, both defendants withdrew their not guilty pleas and entered pleas of guilty to the included offense of possessing marijuana (Health & Saf. Code, § 11530). The charges of possessing peyote and opium were dismissed. The court…