PEOPLE v. WILLS (1958)

District Court of Appeal, Third District, California.

The PEOPLE of the State of California, Plaintiff and Respondent, v. Wilmont McCord WILLS, Defendant and Appellant.

Cr. 2780.

Decided: April 03, 1958

William P. Smith, Jr., Sacramento, for appellant. Edmund G. Brown, Atty. Gen., for respondent.

Since it appears without contradiction that the judgment of conviction from which defendant appeals was entered pursuant to a plea of guilty made by defendant's attorney and not by defendant as required by section 1018 of the Penal Code, it follows that the judgment was invalid and must be reversed. In re Brain, 70 Cal.App. 334, 233 P. 390.

The judgment is reversed.

PEEK, Justice.

VAN DYKE, P. J., and SCHOTTKY, J., concur.

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