Campbell

Two questions are raised on this motion to recall the remittitur in the above entitled appeal. (1) Should Douglas v. California, 372 U.S. 353 [ 83 S.Ct. 814 , 9 L.Ed.2d 811 ], be applied retroactively? (2) In view of the fact that the Douglas decision was filed March 18, 1963, and this petition was not filed until August 5, 1965, is it so untimely as to justify denial of relief? We answer the- first question affirmatively, the second question in the negative, and recall the remittitur.

Re: The Effect of the Douglas Decision.

On June 29, 1954, Campbell, with a codefendant not before the court, was convicted of second degree burglary and conspiracy to commit burglary. An appeal was taken in propria persona. The conviction was affirmed. (People v. Campbell (1955) 132 Cal.App.2d 262 [ 281 P.2d 912 ].) The record on that appeal shows that after the opening brief of defendant Campbell had been filed in pro. per. counsel on appeal was requested and denied by this court. Although the reason for such denial does not appear in the record, it is to be assumed that since petitioner was clearly indigent it was upon the basis of the rule, then applicable in California, under which an attorney…