Gibbs

Charles William Gibbs, Jr. (Gibbs) and Edgar Albert Lip-man, Jr. (Lipman) appeal judgments of conviction of attempted escape from lawful custody (Pen. Code, § 4532b), possession of deadly weapons by prisoners (Pen. Code, § 4574), first degree robbery (Pen. Code, § 211) and four counts of kidnaping (Pen. Code, § 207). Lipman was found guilty of the robbery of two persons; Gibbs, of the robbery of one person. In all other respects they were convicted of the same crimes. Each was sentenced to prison and execution of the sentences was stayed as to all but one of the counts, which for Gibbs was count nine (robbery of Lane), and for Lipman count eight (robbery of Amos).

Procedural Background

At arraignment on October 18, 1968, appointed counsel, Mr. Ehrenfreund, who appeared with Lipman, stated Lipman desired to proceed in propria persona. Counsel was then appointed to act as a legal advisor but the record is silent as to whether Lipman was advised of his right to appointed counsel and effectively waived that right. At that time the court did not examine Lipman to determine his competence to act as his own lawyer. Both defendants pleaded not guilty to all counts.

Trial was…