Goudeau

Factual Background

In two separate cases in the Municipal Court of the Long Beach Judicial District of Los Angeles County appellant was found guilty of violating section 11721 of the Health and Safety Code, a misdemeanor. He appealed to the appellate department of the superior court which affirmed the judgments and certified the cases for transfer under rule 62, California Rules of Court.

Problem

The appellant contends that the denial of a court reporter at the trial of a misdemeanor case is (1) a denial of due process because of the inability of a convicted person to prepare an adequate record on appeal, (2) a violation of the equal protection clause of the United States Constitution, and (3) contrary to California’s statutory procedural due process.

Discussion

The question as to whether a defendant is entitled to a court reporter in a misdemeanor trial as a matter of right was ruled upon in Hidalgo v. Municipal Court (1954) 129 Cal.App.2d 244 [ 277 P.2d 36 ]. We granted certification in this matter in order to consider the present vitality of the rule of the Hidalgo case in light of the more recent decisions of the United States Supreme Court in Williams v.…