Citations
- 223 F.2d 627
Full opinion text
BAZELON, Circuit Judge.
Appellant pleaded not guilty to three indictments for robbery. After the jury returned a guilty verdict on the earliest numbered indictment (No. 759), he withdrew his pleas of not guilty on the two remaining indictments (Nos. 760 and 761) and entered pleas of guilty. An application for leave to appeal in forma pauperis from all three judgments was denied by the District Court. A similar application filed in this court was granted as to the two cases in which appellant pleaded guilty, but not as to No. 759 upon which he had gone to trial. In the interests of justice, we have now reviewed all three cases. Although we find no prejudicial error in appellant’s trial on No. 759, substantial errors committed at the time of sentencing require a remand for resentencing in all three cases.
On the morning of the day set for sentencing in all three cases, Mrs. Dwyer, court-appointed counsel, “ * * * visited [the District Judge] in chambers for the purpose of discussing the case with him * * * ” Appellant was not present. The record does not reveal what took place in chambers. Hence we are not advised whether any representations were made in mitigation of sentence. “[B]ecause of other Court obligations,” Mrs. Dwyer did not appear when sentence was imposed in open court later that day. 6Instead, Mr. Dwyer, her husband and law partner, but not an associate in this case, appeared with appellant. This is the transcript of the entire proceedings :
“PROCEEDINGS
“Mr. Dwyer: May it please the Court, I understand Mrs. Dwyer has already spoken to Your Honor about this. I can add nothing to it.
“The Court: The Court will sentence the defendant:
In case No. 759-53, to five to fifteen years;
In case No. 760-53, to four to twelve years;
In case No. 761-53, to four to twelve years; all consecutive.
“(Thereupon the instant hearing was concluded.)”
It is therefore plain that the following italicized portions of the judgments and commitments, entered upon printed forms and which appear in the record, are erroneous: (1) “ * * * the defendant appeared in person