Addison

On March 11, 1966, the district attorney filed an information charging defendant with grand theft. Five prior felony convictions were also charged. On the same day the public defender was appointed to represent defendant. On March 17 after the denial of a motion under section 995 of the Penal Code the case was set for trial on May 3. On that date the People were ready for trial, but Mr. Fujisaki, a deputy public defender, moved for a continuance to May 23 on the grounds that Mr. Parks, the deputy to whom the ease had been assigned, was ill. The deputy district attorney pointed out that the People’s witnesses were present, hut stated that in view of Mr. Parks’ illness, he did not see how he could oppose the motion for continuance. Mr. Fujisaki then indicated to the court that the defendant wanted to address it. Defendant moved the court to be permitted to proceed in propria persona. The following then took place:

The court and the two attorneys present then returned to the matter of a continuance. During that discussion the court twice asked defendant whether he waived his right to go to trial within 60 days from the date of the filing of the information (Pen. Code, § 1382). Each…