Campbell

Rickey Lee Campbell appeals from an order by which he was admitted to probation after a jury found him guilty of receiving stolen property (Pen. Code, § 496).

Appellant contends, citing Evidence Code section 1153, 1 that the court erred when it received proof by means of the transcript of the arraignment in the municipal court, of the following colloquy which occurred at that hearing:

The trial court did exclude, upon timely motion by the defense, an earlier passage in the same colloquy where the magistrate said, “What you want to do is plead today and get it over with” and the defendant said, “Yeh.”

The record on appeal has been augmented to include the transcript of the entire hearing before the magistrate. Examination of that transcript establishes that the admission which was received in evidence at trial, over objection, was part of an offer by appellant, addressed to the magistrate, to plead guilty. Under Evidence Code section 1153, the statements were inadmissible. A factual defense was attempted at trial, and the jury would not have known of the offer to plead guilty but for the court’s erroneous ruling. There is a reasonable likelihood that without the…