White

People v. White

Good Law
1963 Cal. App. LEXIS 1730·222 Cal. App. 2d 774·35 Cal. Rptr. 571
Court of Appeal of CaliforniaDecember 3, 1963Crim. 8807California2,301 words

Opinion

Opinion

Lillie, J.

Defendant was charged "with possession of marijuana (No. 259191), sale of heroin and marijuana (counts III and IV, No. 258838) and two prior felony convictions (Dyer Act and burglary and larceny). On arraignment and plea he was represented by two separate deputy public defenders. He appeared for trial on July 17, 1962, with a third deputy, K. Watanabe, and denied the priors; he joined his codefendant in a request for continuance and waived time, but when the court denied his motion to dismiss Watanabe as his counsel defendant refused to comply with his prior waiver and declined to waive the statutory time. Thus, the court ordered severance from the codefendant and continued defendant’s trial to July 20, 1962. On that day, to accommodate defendant who did not want Watanabe to try the case, the court transferred the case for trial to another department where a fourth deputy, C. Boags, was appointed. He moved for a continuance for time in which to prepare a defense; defendant waived time and, at counsel’s request, was permitted to use the facilities of the law library. On August 13, 1962, defendant appeared for trial with deputy Boags; he waived trial by jury and submitted the matter…

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