Brahm

People v. Brahm

Bad Law
1929 Cal. App. LEXIS 690·98 Cal. App. 733·277 P. 896
Court of Appeal of CaliforniaMay 13, 1929Docket No. 1781.California1,169 words

Opinion

Lead Opinion

Houser, J.

Defendant pleaded guilty to a charge of arson and, at her request, was granted leave to make application for probation. After several continuances had been had of the hearing on the matter of probation for defendant, an order was finally made by which probation was denied, and judgment was pronounced against her. Thereafter defendant moved the trial court for leave to withdraw her plea of guilty to the charge and substitute therefor a plea of not guilty thereto. At the same time, and as a part of the same motion, defendant moved the court to vacate the judgment in the action. From an order denying each of such motions this appeal is prosecuted.

The first point advanced by appellant is that because she “pleaded guilty under duress, misapprehension, fear, intimidation,” she should have been permitted thereafter to withdraw such plea. In connection therewith no pertinent facts, other than her own statement to the effect that she was advised by an “investigating officer” that if she would plead guilty, probation would be granted to her, were submitted to the trial court—which statement was denied by such officer. The determination of the existence of either or any of the alleged…

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