Wesley Robert Wells, and v. The People of the State of California, And

This appeal is perfected from an adverse ruling of the United States District Court, Southern District of California, Central Division. That court dismissed appellant Wells’ petition for habeas corpus on grounds that he had failed to exhaust state appellate remedies, 28 U.S.C. § 2254 . The questions presented in that action involved the alleged denial of counsel at a hearing in Municipal Court and alleged denial of counsel on appeal. Also, that he was denied the right to communicate with the courts concerning his appeal. The District Court below disposed of these claims in the following manner:

These issues are now urged upon this court for determination.

This court is disposed to decide the appeal on another ground which will become apparent after a recitation of the relevant facts. It is unnecessary to con sider or pass upon the alleged constitutional infirmities advanced by appellant.

In 1944, Wells was convicted of possessing a weapon while in prison, a violation of Section 4502 of the California -Penal Code. ******The term was fixed at life. (In re Wells, 35 Cal.2d 889 , 221 P.2d 947 )

While serving this sentence, Wells assaulted a guard and was convicted under Section…