Pincus

Defendant was charged in two informations filed by the district attorney of Los Angeles County with nine counts of issuing checks without sufficient funds. Defendant pleaded not guilty and not guilty by reason of insanity, but later withdrew the plea of not guilty. When the case was called for trial, amended informations were filed to include two prior convictions of felony. Defendant being arraigned on the amended informations, 'pleaded not guilty by reason of insanity, and admitted the prior convictions. He was tried by the court without a jury on the issue of insanity, was found sane and convicted of the crime charged. This is an appeal from the judgment entered pursuant to the findings of the court and from an order denying defendant’s motion for a new trial.

While defendant was present in the courtroom at the commencement of his trial, his attorney entered the plea of not guilty by reason of insanity, and at the same time defendant himself admitted the prior convictions.

Appellant now contends that the plea of not guilty by reason of insanity is in reality a plea of guilty as to the offense charged, and therefore must be made by defendant personally. Appellant also contends…