Gage

People v. Gage

Good Law
126 Cal. App. 3d 918·179 Cal. Rptr. 171·1981 Cal. App. LEXIS 2483
Court of Appeal of CaliforniaDecember 17, 1981Crim. 4785California2,264 words

Opinion

Opinion

Stone, J.

Appellant was convicted by a jury trial in 1979 of a violation of Penal Code section 12021, subdivision (a), an ex-felon in possession of a firearm. He appeals from the judgment of conviction. We affirm.

On December 9, 1969, appellant appeared in court with counsel and entered a plea of guilty to a robbery (Pen. Code, § 211a). The minute order reads as follows: “The defendant present in Court with Counsel. With the consent of the Deputy District Attorney the defendant entered a plea of guilty to the crime of Robbery, Section 211A Penal Code without the armed clause. The defendant having entered a plea of guilty under section 859a Penal Code, is hereby certified to Superior Court for sentencing. The defendant remanded to the custody of the Sheriff. Done in open court this 9th day of December, 1969.” No further record of the hearing can be located. The reporter’s notes were apparently destroyed under the Kern County Superior Court’s policy of ordering the • destruction of reporter’s notes after a period of 10 years.

Appellant was sentenced to prison. A fellow inmate filed at least one writ on appellant’s behalf. We do not know the contents of the writ. Appellant did not…

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