In re Norman
Opinion
Lead Opinion
Frampton, J.
* —
Petitioner seeks his release on habeas corpus on the grounds that he was deprived of his constitutional rights in that the court failed to advise him at the time of his arraignment for plea, and arraignment at the time of the pronouncement of judgment and sentence that he was entitled to be represented by counsel. (Cal. Const., art. I, § 13; Pen. Code, § 686.)
Petitioner was in the Municipal Court of El Monte Judicial District, County of Los Angeles, charged with violation of section 270, Penal Code (failure to provide for a minor child). A certified copy of the docket of said court shows that peti *106 tioner was arraigned on said charge on March 30, 1960; that he was present without counsel at said arraignment and was “duly arraigned, informed of the charge against him and his legal rights.” The docket further shows that petitioner gave his true name; entered his plea of guilty to the offense as charged and waived time for sentence; that an application for probation was made and hearing thereon was set for April 20, 1960, petitioner having waived the statutory time. He was released on his own recognizance pending hearing on such application.