Herick

The question on this appeal from the superior court’s summary denial of a writ of mandate is whether this indigent appellant from a criminal conviction in a municipal court, is entitled, as a matter of right to a free transcript on appeal without having made any effort to procure a settled statement on appeal as prescribed by rules 184 through 187 of California Rules of Court.

After a lengthy trial, which was reported, the jury found defendant guilty on one of six counts. He was found not guilty on three counts. The jury was unable to agree on the remaining two. These were eventually dismissed under the provisions of section 1385 of the Penal Code and appellant was sentenced to 30 days in the county jail, one day suspended. He filed his notice of appeal and moved the municipal court to order the preparation of a reporter’s transcript at the county’s expense. The motion was denied. Although the court gave appellant a 15-day extension to file a proposed statement on appeal, none was filed. Instead he petitioned the superior court for a writ of mandate to compel the municipal court to provide him with a free reporter’s transcript. The petition was supported by appellant’s…