Shipman

People v. Shipman

Good Law
1965 Cal. LEXIS 242·42 Cal. Rptr. 1·62 Cal. 2d 226·397 P.2d 993
Supreme Court of CaliforniaJanuary 15, 1965Crim. No. 8365California2,294 words

Opinion

lead Opinion

Traynor, J.

In February, 1962, defendant was charged by information with two assaults with a deadly weapon upon peace officers engaged in the performance of *229 their duties. 1 (Pen. Code, § 245, subd. (b).) The trial court appointed the public defender to represent him, and he entered pleas of guilty. On March 9, the court entered a judgment of conviction and sentenced him to prison. The trial judge and the district attorney recommended psychiatric care. (Pen. Code, § 1203.01.) Defendant did not appeal.

In January 1963, defendant, in propria persona, mailed a petition for writ of error coram nobis to the trial court. 2 The petition alleges that defendant was insane at the time of the offense, but did not present this defense because he was also insane at the time of the plea. Defendant requested that he be present at the hearing and that counsel be appointed to represent him. The trial court filed the petition in August and denied these requests. It did not, however, deny the petition summarily, but set it for hearing. Defendant then wrote to the trial court repeating his requests, but no action was taken on this letter.

The hearing was continued from time to time until October 25, 1963.…

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