Mendez

People v. Mendez

Good Law
1968 Cal. App. LEXIS 1856·260 Cal. App. 2d 302·67 Cal. Rptr. 31
Court of Appeal of CaliforniaMarch 21, 1968Crim. 6030California1,911 words

Opinion

Opinion

Taylor, J.

—On this appeal from a judgment rendered on a jury verdict finding him guilty of two counts of first degree robbery, defendant contends that he was deprived of his right to a reasonable continuance for the purpose of preparing his defense; that the court should have denied his request to represent himself; and that the evidence was insufficient to support the judgment on the second count. As we have concluded that the continuance should have been granted and that its denial in the instant ease requires the judgment to be reversed, we will set forth the relevant facts related to this issue alone.

At the time of his arraignment on December 31, 1965, defendant was represented by the public defender and indicated that he was not happy with this representation. At the time of his plea on January 7, 1966, and thereafter, he continued to be represented by the public defender who obtained a number of continuances, chiefly because of defendant’s medical treatments. On July 13, 1966, the court ordered the case placed in a trailing position on the calendar. On Thursday, July 14, 1966, the information was read and defendant admitted all four of his prior convictions. Thereafter, -the names…

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