In re Saunders

I dissent.

I would deny the writ.

James W. Saunders, presently in the lawful custody of the Sheriff of Los Angeles County, seeks a writ of habeas corpus on the ground that he was denied the right to the effective assistance of counsel at his trial.

After a trial by jury petitioner was found guilty of first degree murder (Pen. Code, §§ 187, 189), first degree robbery (Pen. Code, §§ 211, 211a), and assault with intent to commit murder (Pen. Code, § 217). The jury fixed the penalty on the murder count at death. By judgment dated April 7, 1965, petitioner was sentenced to death on the murder count and to state prison for the term prescribed by law on the other counts. On automatic appeal the judgment was affirmed in its entirety by this court. (People v. Hill and *1036 Saunders (1967) 66 Cal.2d 536 [ 58 Cal.Rptr. 340 , 426 P.2d 908 ].) However, in In re Saunders (reported sub nom. In re Hill) (1969) 71 Cal.2d 997 [ 80 Cal.Rptr. 537 , 458 P.2d 449 ], we determined that error of the type condemned in Witherspoon v. Illinois (1968) 391 U.S. 510 [ 20 L.Ed.2d 776 , 88 S.Ct. 1770 ] had occurred in the trial; we therefore granted a writ of habeas corpus, recalled the remittitur in People v. Hill , reversed the…