Brown

People v. Brown

Good Law
18 Cal. App. 3d 1052·1971 Cal. App. LEXIS 1457·96 Cal. Rptr. 476
Court of Appeal of CaliforniaJuly 29, 1971Crim. 955California1,095 words

Opinion

Opinion

Stone, J.

Defendant, pursuant to a certificate of probable cause under Penal Code section 1237.5, appeals from a judgment entered upon his plea of guilty to the charge of escaping from Tehachapi branch facility for nar cotíes’ detention, treatment and rehabilitation (violation of Welf. & Inst. Code, § 3002). Defendant was a patient undergoing narcotics addiction treatment at the Tehachapi facility when he was granted a temporary release preparatory to a scheduled release. His leave commenced January 15, 1970, and he was to return to the facility January 18, which he failed to do. He was charged with escape; he pleaded not guilty and a preliminary examination was had. The district attorney, as frequently happens, put on a “bare bones” case, and the defendant put on no evidence at all. He was held to answer and bound over to the superior court.

Thereafter, defendant, in propria persona, filed a written motion to dismiss, which was in substance an allegation that the public defender failed to cooperate with him, that differences had arisen between them and that he could not properly present a case unless other counsel were appointed. He concluded by requesting appointment of other…

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