Batiste

On January 18, 1978, defendant was stopped by a police officer and cited for failing to stop for a red light (Veh. Code, § 21453, subd. (a)) and for failing to have a driver’s license in his possession (Veh. Code, § 12951, subd. (a)). The citation ordered him to appear in court on or before February 16, 1978. He failed to do so. On March 20, 1978, a complaint issued charging defendant with having violated Vehicle Code section 40508 by his failure to appear on the traffic citations. A warrant was issued fixing bail at $50 plus a penalty assessment of $15.

On July 26, 1978, a third party, who bore defendant’s surname and was presumably a family member, posted bail on defendant’s behalf in the amount of $65.50 and received an appearance date of July 28, 1978. Defendant appeared on the latter date, pleaded guilty to all three charges and waived his right to have pronouncement of sentence delayed. He was immediately sentenced to pay a $150 fine or serve five days in jail on count 1, the failure to appear, and to pay $10 fines on the traffic violations. Both the latter fines were suspended. Defendant immediately filed a notice of appeal. He also filed a statement on appeal on…