Brooks

In an information filed by the District Attorney of Los Angeles County, defendant was charged with assault with a deadly weapon in violation of section 245 of the Penal Code. Defendant pleaded not guilty. Trial was by *665 the court, trial by jury having been duly waived. Pursuant to stipulation of defendant and all counsel the issues were submitted to the court on the testimony contained in the transcript of the proceedings had at the preliminary hearing, both sides reserving the right to call additional witnesses and to further cross-examine. Defendant offered testimony in his own behalf.

Defendant was found guilty as charged. Probation was denied, and defendant was sentenced to state prison for the term prescribed by law.

Defendant applied for appointment of counsel to assist him on this appeal. This court having made an independent investigation of the record and having determined it would be neither advantageous to defendant nor helpful to the court to have counsel appointed denied the application, whereupon defendant prosecutes this appeal from the judgment of conviction in propria persona. Defendant was notified and given ample time to file his opening brief and upon…