In Re Mayen

By this habeas corpus proceeding, petitioner seeks an order directing that he be taken from the custody of the warden of the state prison at San Quentin and remanded to the custody of the sheriff of Los Angeles County.

Petitioner, who had been convicted of a felony in the superior court for Los Angeles County and by that court sentenced to the state prison at San Quentin, appealed to this court from the judgment of conviction. Subsequently, the judge of the trial court, pursuant to section 1243 of the Penal Code, issued a certificate of probable cause, certifying that, in his opinion, there is probable cause for the appeal. Thereafter, upon a showing that petitioner had attempted to escape from the county jail, the trial judge, upon motion of the district attorney, ordered that his stay of execution of the sentence be vacated, and directed the clerk forthwith to deliver to the sheriff a commitment committing petitioner to the staite prison. In its effect upon petitioner’s rights, the order of the trial judge revoking the stay of execution was tantamount to a revocation of his previously issued certificate of probable cause, for the principal, if not the sole, purpose of such…