Breese

People v. Breese

Good Law
1966 Cal. App. LEXIS 1324·240 Cal. App. 2d 112·49 Cal. Rptr. 357
Court of Appeal of CaliforniaFebruary 10, 1966Crim. No. 10314California589 words

Opinion

Lead Opinion

Kingsley, J.

Defendant was charged with, and pled guilty to, burglary in the second degree. Probation was denied and he was sentenced to state prison. He has appealed.

The sole contention made on this appeal is that, in the light of information as to defendant’s psychiatric and personality problems, as disclosed by the probation report, trial counsel should have either moved to vacate the guilty *113 plea or to secure further psychiatric proceedings; and that, absent such action, the trial court should, on its own motion, have taken one or both of these steps. We think the point without merit.

The probation report discloses a long history of involvement with the law, including experiences on probation and in various Youth Authority institutions. Defendant had not responded to treatment programs in any of these facilities and the Youth Authority had indicated that it would not accept him for a new commitment. While the report indicates that he was a homosexual, a psychiatrist had reported that he was not a sexual psychopath. 1 All of the psychiatric reports included in the probation report showed that defendant was possibly a soeiopathic personality, but there is no indication of any other…

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