Byoune

I dissent. I would affirm the judgment for the reasons expressed by Justice Lillie in the opinion prepared by her for the Court of Appeal, Second Appellate District, Division One (People v. Byoune, Crim. No. 11087, filed June 9,1966, certified for nonpublication).

Defendant Realm Luther Byoune appeals from a judgment of conviction entered after a jury found him guilty of second degree robbery.

There is no question as to the sufficiency of the evidence supporting the judgment. Defendant’s basic contention is that the trial court’s refusal to grant him a continuance for the purpose of obtaining private counsel constituted, in the *346 circumstances of this case, a prejudicial abuse of discretion as well as a violation of his constitutional right to the assistance of counsel. Since it appears that this contention is meritorious, it is unnecessary to resolve defendant’s other claims of prejudicial error.

On January 21,1965, defendant was charged by information with grand theft. He was arraigned on January 29, 1965, a public defender was appointed to represent him, and the case was set for trial on March 25. On March 24 the information was amended by adding a second count charging defendant with robbery. The following day, prior to the commencement of the selection of jurors, defendant moved for a continuance so that he could retain private counsel. He admitted he was indigent but said that his brother, who lived in Chicago, would pay for an…