Brahm

People v. Brahm

Good Law
103 Cal. App. 247·1930 Cal. App. LEXIS 867·284 P. 256
Court of Appeal of CaliforniaJanuary 17, 1930Docket No. 1858.California537 words

Opinion

Lead Opinion

York, J.

The defendant and appellant was charged by information filed by the district attorney of Los Angeles County with the crime of arson. She pleaded guilty to the charge 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, an order was finally made by which probation was denied and judgment was pronounced against her. Thereafter, the defendant moved the trial court for leave to withdraw her plea of “guilty” and substitute therefor a plea of “not guilty” and at the same time moved the court to vacate the judgment. An order was made denying both of these motions and an appeal was prosecuted in which the appellate court upheld the action of the trial court. (People v. Brahm, 98 Cal. App. 733 [ 277 Pac. 896 ].) Subsequently, to wit: Tune 13, 1929, request was made upon the presiding judge of the Superior Court for further stay of proceedings and leave to present facts and evidence in support of a motion “de novo” for leave to withdraw the plea of guilty and to vacate the judgment. Said motion was argued; denied by the court, and this appeal is taken from the order denying said motion. A…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.