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Ballard v. Municipal Court for Southern Judicial District of San Mateo County9/18/1978
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO
Civ. No. 42741
1978.CA.40352 ; 149 Cal. Rptr. 82; 84 Cal. App. 3d 885
September 18, 1978
WESLEY LEE BALLARD, PLAINTIFF AND APPELLANT,
v.
THE MUNICIPAL COURT FOR THE SOUTHERN JUDICIAL DISTRICT OF SAN MATEO COUNTY, DEFENDANT AND RESPONDENT; THE PEOPLE, REAL PARTY IN INTEREST AND RESPONDENT
Superior Court of San Mateo County, No. 215655, Alan W. Haverty, Judge.
Austin F. Stevens for Plaintiff and Appellant.
No appearance for Defendant and Respondent.
Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, and Robert R. Granucci, Deputy Attorney General, for Real Party in Interest and Respondent.
Opinion by Taylor, P. J., with Kane and Rouse, JJ., concurring.
Taylor
Wesley Lee Ballard appeals from a minute order denying his petition for writ of mandate to compel the municipal court to vacate his August 29, 1975, conviction for misdemeanor drunk driving (Veh. Code, § 23102, subd. (a)) entered on his plea of guilty while in pro. per. He argues that since the record clearly indicates that prior to the acceptance of the guilty plea the municipal court made no inquiry as to the factual basis for his plea of guilty, there could be no valid or
intelligent waiver of his rights, and, therefore, the 1975 conviction was unconstitutional; he also asserts that the absence of a requirement of such a factual determination constitutes a deprivation of equal protection and due process under the state Constitution and the federal Constitution. For the reasons set forth below, we have concluded that the order should be affirmed.
The record indicates that on August 29, 1975, Ballard appeared before the Municipal Court of San Mateo County. The court said: "You are charged with driving under the influence of liquor on August 9 on Route 1." The court then inquired whether Ballard understood the charge and received an affirmative answer. Next, the court asked whether Ballard was going to get a lawyer to represent him. Ballard said no. The court then inquired whether Ballard had read and understood everything on the form advising him of his rights. After receiving an affirmative answer, the court then asked Ballard whether he understood that his guilty plea would constitute a waiver of all of the specified rights. Ballard indicated that he understood that he was waiving his rights and indicated that no promises or threats had been made to induce his plea. The court then informed Ballard of the maximum punishment which could be imposed and asked if Ballard still wished to plead guilty. He replied affirmatively. The court made a finding that he had freely, knowingly and intelligently waived his rights.
The court then formally accepted Ballard's plea and asked: "Is there anything you want to tell me about the case?" Ballard said no. The court then inquired whether Ballard had any similar prior convictions. Ballard replied that he had a citation for carrying an open container. Ballard was then fined $315, sentence was imposed, and summary probation granted for a period of nine months, on condition that Ballard obey all laws and pay the fine in specified installments. The court ordered that Ballard's driver's license not be suspended. The court warned Ballard that if he su
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