Foss

People v. Foss

Good Law
1962 Cal. App. LEXIS 2792·20 Cal. Rptr. 28·200 Cal. App. 2d 901
Court of Appeal of CaliforniaMarch 5, 1962Crim. No. 14California1,304 words

Opinion

Lead Opinion

Stone, J.

This is an appeal from a judgment entered after a jury found appellant guilty of violation of Penal Code, section 245, assault by means of force likely to produce great bodily injury.

Pursuant to appellant’s request for appointment of counsel *902 to represent him on this appeal, an attorney of many years’ experience in the trial and appeal of criminal matters, was appointed. He advised this court by letter that his study of the record led him to believe that defendant does not have a meritorious defense on appeal, and for that reason he could not in good conscience accept the appointment. Appellant then proceeded with the appeal in propria persona.

We have carefully read the record in this case, and studied the briefs of appellant and respondent in an effort to protect the interests of appellant, who represents himself without benefit of counsel. Appellant bases his appeal upon two grounds: one, that the court lacked jurisdiction to try him; two, that he was inadequately represented by court-appointed counsel.

The assault of which appellant was convicted occurred in his home in the City of Modesto. Appellant and his wife had been having marital difficulties for some time, and…

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