Morris

Defendant Clarence Morris appeals from a judgment of conviction entered on a jury verdict finding him guilty of perjury (Pen. Code, § 118).

The charge of perjury arose from a petition for habeas corpus filed by appellant during his incarceration at San Quentin Prison. In his petition appellant declared under penalty of perjury that Fred W. Gabourie, the attorney who represented him in the 1967. proceedings that resulted in his being sent to prison, had assured him that the sentencing judge, with the prosecutor’s concurrence, had agreed to give appellant no more than a six-month county jail term and that all charges would be dismissed against appellant’s wife. Appellant alleged that these promises were the cause of his entering a guilty plea to three charged narcotics violations.

On June 19, 1969 the Marin County Grand Jury returned an indictment accusing appellant of perjury and alleging three prior narcotics convictions. Appellant was arraigned, pleaded not guilty and denied the prior convictions.

At the conclusion of the trial the jury returned a verdict finding appellant guilty as charged and finding that the three alleged prior convictions were true.

Appellant was…