People v. Palmer

A jury convicted defendant of grand theft. She appeals from the judgment sentencing her to state prison, from an order denying her motion for a new trial, and from an order denying her motion for a continuance of the hearing of her motion for a new trial. The latter order is not appealable and the appeal therefrom will be dismissed. (Pen. Code, § 1237.) It is asserted the court denied defendant's constitutional right to the aid of counsel. We have concluded the point is well taken.

• The chronology of proceedings below follows:

When the cause was called for trial Mr. Maines, a deputy public defender, appearing as a friend of the court, stated defendant had asked him to request a continuance. He stated defendant had informed him.- She had been under a doctor‘s care for some time and she had three letters which he had read and they seemed to verify that fact; she had been unable to prepare her case properly; she had witnesses whom, because of her illness, she had been unable to obtain.

The court then asked defendant why she did not get a lawyer. This colloquy followed : Defendant: “Tour Honor, I was planning on being a pro per and I was taken ill and I tried to get an attorney.…