Owen

People v. Owen

Good Law
162 Cal. App. 2d 414·1958 Cal. App. LEXIS 1889·328 P.2d 58
Court of Appeal of CaliforniaJuly 29, 1958Crim. No. 1235California569 words

Opinion

Lead Opinion

Griffin, J.

Defendant-appellant filed in the superior court, where he previously was represented by counsel and pleaded guilty to the crime of forgery, a “Motion (in the nature of writ of error coram nobis) to Vacate Judgment of Conviction and Sentence of Imprisonment.” Apparently, at the trial of the main action, upon defendant’s request his attorney was dismissed by him and defendant was permitted to represent himself in propria persona. About the time judgment was to be pronounced, defendant moved to set aside his plea of guilty. Subsequently, after hearing, the motion was denied and he was arraigned for judgment and was, on July 6, 1956, ordered confined in the state’s prison. He filed in propria persona a notice of appeal from the judgment and sentence and subsequently filed a notice purportedly appealing from the judgment and “order denying new trial.” No motion for a new trial was made. At defendant’s request, counsel was appointed to represent defendant on this appeal. This counsel was permitted to withdraw from said case and another was appointed. He filed a brief on behalf of appellant and respondent replied thereto. The case was calendared for January 8, 1957. Appellant’s counsel…

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