Shanklin

This is an appeal from a judgment sentencing defendant to state prison after plea of guilty to one count of petty theft with a prior conviction of a felony in this state on March 29, 1963. The appellant contends that:

Bearing in mind that the appellant pleaded guilty in the superior court, it is difficult to understand how the contentions numbered 1, 2, 3, 4, 6, 7, 8 and 9 are supportable in view of the record. A reading of that record discloses that after appellant had been arraigned an assistant public defender was appointed to represent him, and after separate pleas of not guilty to counts one and two, and denying a separately alleged prior conviction in the information, the defendant thereafter appeared with counsel and requested leave of court to plead guilty to count two. At that time the court made the following statements:

Thereafter, and at the time appointed for receipt of the probation officer’s report, the appellant again appeared in court and upon motion of the district attorney, count one and the separately alleged prior conviction were ordered dismissed in the interest of justice and defendant was sentenced to state prison.

It is difficult to imagine how the…