PEOPLE v. FITZGERALD (1963)

District Court of Appeal, Second District, Division 3, California.

The PEOPLE, Plaintiff and Respondent, v. Charles FITZGERALD, Defendant and Appellant.

Cr. 8468.

Decided: March 18, 1963

Charles Fitzgerald, appellant, in pro. per. No appearance for respondent.

Charles Fitzgerald appeals in propria persona from an order denying his motion to vacate a judgment sentencing him to life imprisonment following his plea of guilty to murder of the first degree. Sentence was imposed May 4, 1926. The ground of the motion was that appellant was induced by the district attorney and his appointed attorney to enter the plea upon the representation that if he stood trial and was convicted he might receive the death penalty.

The record shows that Fitzgerald and one Rojo, who also pleaded guilty and was sentenced to life imprisonment, were guilty of the cold blooded murder of a police officer; appellant was represented by an able deputy public defender and his plea was entered voluntarily; he admitted prior convictions of burglary and murder of the second degree.

No ground existed for setting aside the judgment.

The order is affirmed.

PER CURIAM.

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