In Re Perez

Petitioner herein filed a petition for a writ of habeas corpus. He seeks to have certain judgments and commitments under which he is confined to the state prison declared void and the sentences set aside. Since the facts as alleged in the verified petition disclosed that petitioner was improperly charged with and sentenced for the crime of escape while serving a sentence for a felony rather than escape while serving a sentence for a misdemeanor in the jail of Fresno County, this court issued an order to show cause and respondent made return.

All of the relevant facts relating to this matter appear in exhibits attached to the return to the order to show cause.

Concerning the escape conviction, it appears that at the time of petitioner’s preliminary hearing in the Municipal Court of the Fresno Judicial District petitioner was fully informed by the magistrate of his constitutional right to be represented by an attorney at all stages of the proceedings and also of his right to refuse to take the witness stand or incriminate himself. The petitioner nevertheless waived his right to be represented by counsel, stating: “Well, I’m going to plead guilty so I don’t think I need a lawyer…