In Re Golia

On August 10, 1967 petitioner (hereinafter defendant) was convicted by jury of grand theft (Pen. Code, § 484), armed robbery (Pen. Code, § 211), and kidnaping for the purpose of committing robbery (Pen. Code, § 209), all arising out of a robbery perpetrated in a Denny’s Restaurant in the City of Riverside on December 11, 1966. On August 31, 1967, judgment was pronounced and defendant was sentenced to state prison for the term prescribed by law on each count, sentences to run concurrently. Defendant’s appeal from the judgment of conviction is now pending in this court. (4 Crim. 3168.)

On September 28, 1970, defendant mailed to this court a petition for writ of habeas corpus. It appearing therefrom that defendant was then incarcerated at San Quentin, out of the territorial jurisdiction of this court, the petition was returned to defendant without filing. On November 30, 1970, defendant filed a petition in the California Supreme Court for mandate, prohibition or other appropriate relief. The California Supreme Court treated the petition as one for habeas corpus and by order dated December 17, 1970, transferred the same to this court “for consideration in conjunction with…