Doyle

Defendant, who was 80 years of age at the date of trial, was charged with forgery in four counts and two prior convictions. He was represented by a deputy public defender and pleaded guilty to the first count of forgery. The trial court denied probation, dismissed the other three counts of forgery and the two prior convictions, and sentenced defendant to the state prison for the term prescribed by law. Defendant appeals from the judgment of conviction.

We ordered a hearing on our own motion since this case involved the same question presented in People v. Hyde, ante, p. 152 [ 331 P.2d 42 ], i. e., the appointment of counsel on appeal for an indigent defendant who has been convicted of a crime. Our discussion of that question in the Hyde case also applies here.

Defendant contends that the trial court erred in denying his request to withdraw his plea of guilty. He made this request immediately following the pronouncement of sentence. At that time the following colloquy occurred:

Defendant contends that the foregoing establishes that his plea of guilty was induced by the misrepresentation of a member of the office of the district attorney that the only charge remaining was a…