Thomas J. Fleming v. John Klinger, Warden California Men's Colony

This is an admittedly inept appeal in propria persona from the denial of a writ of habeas corpus in the district court. Appellant is a state prisoner. In 1929, he was convicted in California State Superior Court of first degree murder and two counts of first degree robbery, the sentences to run consecutively. Appellant alleges that he pleaded guilty, was sentenced, and took no appeal. He now asserts (1) that his consecutive sentences were illegal; (2) that the change of consecutive sentences to concurrent sentences was illegal; (3) that he was deprived of counsel at the time of his arrest, and subsequent interrogation — not at his arraignment or trial.

By reason of the change of appellant’s sentences from consecutive to concurrent, appellant apparently was released on parole by the California authorities, for on June 13, 1960, appellant alleges he was convicted on two counts of assault with a deadly weapon (Cal.Penal Code § 245) after being charged with assault to commit murder (Cal.Penal Code § 217). He alleges he appealed in forma pauperis; and his appeal was denied. (People v. Fleming, 1S1 Cal.App.2d 163, 12 Cal.Rptr. 530 (1961).)

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The California law provides for…