Moore

People v. Moore

Good Law
173 Cal. App. 2d 576·1959 Cal. App. LEXIS 1624·343 P.2d 612
Court of Appeal of CaliforniaSeptember 8, 1959Crim. No. 2914California649 words

Opinion

Lead Opinion

Peek, J.

Defendant appeals from a judgment of conviction following a jury verdict finding him guilty as charged in an information on four counts of violation of section 647a, subdivision (1) of the Penal Code, and with one count charging a prior violation of the same section for which he served a term of imprisonment. The prior offense was admitted.

At defendant’s request counsel was appointed to represent him on the appeal. The attorney so appointed made an examination of the record, discussed the case with defendant’s trial counsel and personally conferred with defendant. Thereafter he filed with this court a statement, a copy of which was served on defendant, wherein he has reviewed the evidence and concluded there is no merit in the appeal. Following the filing of such statement the defendant submitted a document entitled “Brief” wherein he makes what appear to be five separate contentions: (1) that the evidence is insufficient to sustain the judgment of conviction; (2) that there is a fatal variance in the pleading and the proof in that the information charges two specific dates on which the violations occurred, while the proof did not establish with certainty that such violation did…

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