People v. Mesa

This is an appeal from a judgment of conviction of committing a lewd and lascivious act upon the body of a female child. (Pen. Code, § 288.)

*576 In an information filed in Los Angeles County on April 28, 1965, defendant, with his codefendant Billy Joe Pack, was charged in count I with murdering Glenda Johnson on March 17, 1965; in count II with false imprisonment; and in count III with a violation of the provisions of section 288, Penal Code, on March 15,1965, upon the body of Glenda Johnson. It is further alleged that at the time of the commission of the offense mentioned in count III, Mesa was armed with a deadly weapon, namely, a revolver; that Mesa previously had been convicted of robbery in 1952 and had served a term in prison therefor; that he had been convicted of a narcotics offense in 1956 and had served a term in prison therefor. Mesa pleaded not guilty to each of the offenses charged and admitted the alleged convictions. The cause proceeded to trial with a jury on July 16, 1965; further trial was had on July 19 and July 20, 1965. On July 21, 1965, Mesa, personally, and with his then counsel withdrew his plea of not guilty and pleaded guilty to the charges set forth in…