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: May 22, 1963

Cary G. Branch, Los Angeles (appointed), for appellant. Wm. E. James, Asst. Atty. Gen., for respondent.

The appeal is from an order of the Superior Court denying a motion to vacate the judgment entered in 1926, sentencing Fitzgerald to life imprisonment following a plea of guilty to murder. The People move to dismiss the appeal upon the ground that it is frivolous; counsel was appointed to represent the defendant in opposition to the motion; the motion was calendared, was duly heard and submitted. The record discloses that Fitzgerald was represented by able counsel and pleaded guilty voluntarily. No good cause was shown for vacating the judgment. No excuse has been offered for the delay of 36 years in moving to have the judgment vacated. (People v. Crawford, 176 Cal.App.2d 564, 1 Cal.Rptr. 811; People v. Ray, 174 Cal.App.2d 233, 344 P.2d 347.)

The appeal is manifestly frivolous and upon that ground is dismissed.

PER CURIAM.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network