In Re Wessley W.

Background

Respondent Wessley W. brought a habeas corpus proceeding in the Los Angeles Superior Court to challenge his conviction and sentence for violation of Penal Code section 647, subdivision (a), and to request certain relief therein. Respondent was adjudged guilty on December 1, 1965, in the Municipal Court for the Los Angeles Judicial District. By stipulation of the parties, the court trial was conducted on the basis of the arrest report and testimony of the police officer who observed the respondent masturbating in a pay toilet stall in a restroom at the Greyhound Bus Depot. On December 8, 1965, respondent was sentenced to 12 months summary probation and 20 days in the county jail which punishment was suspended on condition of the payment of a $75 fine or the serving of 5 days in the county jail. Respondent’s conviction was subsequently affirmed on appeal by the Appellate Department of the Los Angeles Superior Court on March 21, 1966. On April 15, 1966, respondent registered under section 290. On June 17, 1966, the respondent’s motion to terminate probation pursuant to section 1203.3 and for dismissal based on section 1203.4 was granted by the municipal judge who…