Don Barber v. Louis S. Nelson, Warden, San Quentin State Prison
Opinion
Opinion
Hamley, J.
Don Barber, a parolee from the California State Prison at San Quentin, applied to the district court for a writ of habeas corpus. He alleged that he was entitled to such relief because at the time of his initial sentencing by the Superior Court of the State of California in and for the City and County of San Francisco, he was deprived of effective assistance of counsel. The district court, after an evidentiary hearing, denied the application. Barber appeals.
On July 13, 1966, Barber pleaded guilty in the state court to a charge of violating California Penal Code § 203 (mayhem). He was represented at that time by Assistant Public Defender Frederick Smith. On August 5, 1966, while Barber was again represented by Smith, he was placed on five years probation, conditioned upon, among other things, restitution to his victim. The imposition of sentence was suspended (California Penal Code § 1203.1). In 1967, the San Francisco County Probation Department filed a motion in the state court to revoke probation. The ground for the motion, as indicated by the probation report, was that Barber had not fulfilled the probation condition that he make restitution.