People v. Gonzales
Opinion
Lead Opinion
Hufstedler, J.
The People move for an order dismissing Gonzales’s appeal on the ground that Gonzales failed to comply with the requirements of section 1237.5 of the Penal Code. Gonzales filed an appeal May 31, 1966, from a judgment rendered May 27,1966, convicting him of violating section 470 of the Penal Code (forgery) following his entry of a plea of guilty.
Gonzales was charged with three counts of forgery upon an information filed January 20,1964. On January 23,1964, Gonzales, then represented by counsel, pleaded guilty to count one of the information and the remaining counts were dismissed. Further proceedings were adjourned and an examination was ordered pursuant to section 6451 of the Penal Code (now section 3051 of the Welfare and Institutions Code) to determine whether he was addicted to narcotics or in imminent danger of becoming so addicted. After disposition of the proceedings pursuant to section 6451 of the Penal Code, criminal proceedings were resumed. On May 27, 1966, Gonzales, again appearing with counsel, intelligently waived his right to a probation report and requested immediate sentence. Probation was denied and Gonzales was sentenced upon the count to which he had…