Garabito

Defendant appeals from a judgment of conviction after entry of a plea of guilty to the offense of violation of section 11530.5, Health and Safety Code, a lesser and included offense to the indicted charge of a violation of section 11531, Health and Safety Code.

Chronologically, the pertinent procedural events were: On October 7, 1964, defendant, represented by counsel of his choice, was arraigned on the indictment, informed of his legal rights, and the matter continued to October 16, 1964. On the latter date defendant, through counsel of his choice, made a motion under section 995, Penal Code, which motion was set for hearing and denied on October 30, 1964. On the same day defendant entered a plea of not guilty, waived statutory time for trial and the trial was set for December 28, 1964. On this latter date defendant appeared in court with counsel of his choice. To support defendant’s request for a continuance of the trial on December 28, 1964, defendant’s attorney executed a declaration under penalty of perjury. The form was printed except for handwritten insertions. In this declaration defendant’s attorney made the following representation to the court: “William P. Garman is…