Contreras

Defendant appeals from the judgment entered after a jury convicted him of second degree murder. (Pen. Code, § 187.) In urging reversal, defendant asserts he was erroneously denied a free transcript of the testimony at a previous trial on the same charge. The claim is unsupported by the record. We will therefore affirm the judgment.

The judgment under review arose from the second trial of defendant on the same charge. The first trial (Feb. 27-Mar. 18, 1980) resulted in a mistrial when the jury was unable to reach a verdict. Retrial was set for May 12, 1980.

On March 19, 1980, defense counsel, the San Joaquin County Public Defender, moved “that the Court order a transcript of the first trial” at the court’s expense limited to the testimony of the prosecution witnesses. The prosecutor did not oppose the request, but suggested the People had an equal right to a transcript of testimony of defense wit nesses at the court’s expense. The court took the requests under submission and announced its ruling in open court the next day:

The public defender then indicated his budget contained an appropriation for transcript preparation but “there is not that much in that account.” The…