Fernandez

The defendant appeals from a burglary conviction. With one Luis Miramontes, he was arrested by a police officer of the City of Merced in the early morning of October 24, 1962, inside the Club Morelos; the building had been entered through a torn screen and a broken window; the cash register had been opened and the cigarette vending machine had been pried apart and the money contents appropriated. In the course of the arrest, appellant was shot in the stomach by the officer and was hospitalized in the Merced County General Hospital. His mental condition there became such as to cause his admission on November 21, 1962, to the Modesto State Hospital where he remained until December 5, 1962. A preliminary examination was held on December 17, and completed on December 28, and the information was filed on January 4, 1963. On January 7, appellant was arraigned in the superior court on the charge of burglary, and he was advised that he was entitled to the services of the public defender. But he elected to represent himself and moved for a dismissal of the charges against him. In due course, the motion was denied, and he entered a plea of not guilty and requested a jury trial.

On February…