Overton Thomas Anthony v. C. J. Fitzharris, Superintendent

Overton Thomas Anthony, appellant herein, was charged in an information filed in the Superior Court of the State of California in and for the County of Los Angeles with two counts of kidnapping, two counts of forcible rape, and two counts of aiding and abetting forcible rape.

On March 31, 1964, while represented by counsel, appellant entered a plea of guilty to Count III (forcible rape) of the information. Prior to the entry of this plea, appellant was examined in open court as to whether or not the plea was voluntarily made. Appellant answered in open court that the plea was made freely and voluntarily, that no promises of any kind had been made to him, and that he entered a plea of guilty because he was in fact guilty. The court then continued the case until April 23, 1964, for a consideration of the report of the probation officer and for sentence.

On April 23, 1964, appellant appeared in court represented by another counsel who had been substituted as his attorney. After a continuance, appellant’s new counsel filed a motion under section 1018 of the Penal Code of California for the withdrawal of the plea of guilty theretofore entered by appellant. In this petition to…