Mendivil

People v. Mendivil

Good Law
15 Cal. Rptr. 303·194 Cal. App. 2d 758·1961 Cal. App. LEXIS 1875
Court of Appeal of CaliforniaAugust 15, 1961Crim. 1563California1,489 words

Opinion

Opinion

Shepard, J.

This is an appeal from a judgment of conviction of a violation of section 11500 of Health and Safety Code (possession of narcotics, heroin), after a full jury trial and a verdict of guilty. Defendant’s notice of appeal is defective in form, but because it was filed timely and sufficiently indicates his intent to appeal, we will treat it as sufficient. He appeals “in propria persona.” In response to our inquiry regarding points of error, trial counsel has stated, in a communication addressed to this court, that he knows of no prejudicial error in the trial, but gives points for possible consideration. The attorney general has reviewed the proceedings, and likewise is unable to discover prejudicial error. A full transcript of the trial proceedings was sent to defendant in June 1960. Another attorney who stated he had agreed to represent defendant on appeal, filed a request for further time to examine the transcript of proceedings. On his request on behalf of defendant, the matter was continued from April 1960 to June 1960. However, no brief was ever filed. The cause was finally placed on the calendar for August 6, 1961.

Facts

In general substance, the facts shown by the record…

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