People v. Mason

Defendant was charged in four counts with forgery of a check for $128 with intent to defraud (Pen. Code, § 470), forgery of a fictitious name on two cheeks, in the amount of $51 each, with intent to defraud (Pen. Code, § 470), issuing a check without sufficient funds with intent to defraud (Pen. Code, § 476). Defendant was also charged with a prior conviction of forgery, a felony, on September 11, 1951, and two other prior convictions of forgery, both felonies, on March 31,1956, and March 24,1958.

Defendant pled not guilty to each count and denied each prior. Defendant moved to have the cause transferred to federal court, which was denied. Defendant moved to be relieved of counsel and he proceeded in propria persona. Proceedings were suspended pending determination of removal proceedings in the United States District Court. When those proceedings resulted in an order of remand, the case was again placed on the calendar of the state trial court. After a trial by jury, defendant was found guilty on all counts and the jury found “the alleged prior felony” to be true. A motion for a new trial was made and denied, probation was denied, and defendant was sentenced to state prison on…