In Re Brahm

This is an application for stay of execution of judgment by which the defendant in the action in the lower court was sentenced to the term of imprisonment prescribed by law for the commission by her of the crime of arson. It appears that the judgment was rendered several weeks after a plea of guilty had been interposed by defendant and followed a denial by the court of defendant’s application for probation.

After sentence had been pronounced, defendant presented a motion by which she asked leave to withdraw her said plea of guilty and substitute in lieu thereof a plea of not guilty. At the same time defendant moved the court to vacate the judgment which theretofore had been rendered in the action. The trial court denied each of such motions and an appeal was taken from such order.

Although the intimation contained in the language found in section 1243 of the Penal Code is to the effect that on- appeal .from a judgment of conviction on a charge where sentence less than death has been imposed, “in the sole discretion of the trial court” execution of the sentence may be stayed, the point has been directly ruled that, independent of statutory provision, the power of this court is…