Shaver

Appellant pleaded guilty to violations of Health and Safety Code sections 11501 and 11530. He was committed to the medical facility at Vacaville, for treatment as a drug addict, but was returned to court as not a proper subject for treatment. He moved for permission to change his plea to not guilty. This was denied and appellant, was committed to the state prison. He appeals.

Fads and Decision On In Propria Persona Appearance

Appellant’s principal point is that it was mandatory for the trial court to permit the change of plea, because it was made when he was not represented by counsel, under the provisions of section 1018 of the Penal Code. That section reads: “Unless otherwise provided by law every plea must be put in by the defendant himself in open court. No plea of guilty of a felony for which the maximum punishment is death, or life imprisonment without the possibility of parole, shall be received from a defendant who does not appear with counsel, nor shall any plea of guilty of any other felony be accepted from any defendant who does not appear with counsel unless the court shall first fully inform him of his right to counsel and unless the court shall find that the…