Fabricant

The petition of Danny Fabricant seeks to annul the order of respondent court directing him to pay a total of $375 to three attorneys as sanctions for petitioner’s abuse of the subpoena power of the court by requiring them to attend as witnesses.

Petitioner is the defendant in an information charging violation of Penal Code section 12021 (possession of a firearm by an ex-convict) retrial of which is pending in respondent court after reversal on appeal. He is appearing pro. per. in that matter. The subpoenas required the attorney witnesses to attend the hearing of a pretrial motion of petitioner seeking to enlarge his pro. per. privileges as a pretrial detainee.

The witnesses moved to quash the subpoenas on the ground that they had no relevant testimony to offer in petitioner’s behalf. Upon granting such relief, respondent court inquired as to the amount of time which had been spent by the witnesses and their hourly rates for their services. Two attorneys were allowed compensation at $75 an hour for two hours each, and a third was allowed one hour at the same rate.

Originally the petition was summarily denied by this court upon the ground that the order was “appealable…