People v. Williams

A jury convicted defendant of the crime of battery against the person of Simon Kashian, a police officer, in violation of Penal Code section 243. He was sentenced to state prison for a diagnostic study and recommendation. (Pen. Code, § 1168.) In this appeal, he contends that he was denied due process because he was physically absent during the preliminary examination, the trial judge erred in denying his motion for change of venue, and the evidence is insufficient to support the judgment.

Defendant’s appointed counsel attached to the brief several letters and other material which he received from defendant, setting forth matters defendant wishes this court to consider, such as an illegal arrest on a prior, unrelated charge. In addition, defendant filed a supplemental opening brief in which he enlarges upon the change of venue argument, contending the trial court erred in denying his motion to set aside the information, made under Penal Code section 995. He also asserts the evidence clearly reveals a case of self-defense.

The motion to set aside the information is not included in the record, and thus cannot be considered on this appeal. (People v. St. Martin, 1 Cal.3d…