In re Ali

Petitioner was duly charged with violations of section 484a of the Penal Code (unlawful use of a credit card). After a trial by jury, he was convicted and sentenced to state prison. He appealed from that judgment and also, petitioned for a writ of habeas corpus on the ground of improper denial of his right to counsel. The habeas corpus matter having been transferred to this court by the Supreme Court, we considered it, found his contention to be valid, saying: 111 The net effect of the trial court’s action was to deny petitioner effective representation during the trial; a conviction resulting therefrom cannot stand. However, the error affects only proceedings subsequent to the arraignment and petitioner is entitled only to have the criminal prosecution resume at the point where constitutional right was denied.” *680 Accordingly, we issued our judgment on the petition and on the concurrent appeal, as follows: “The writ is granted; the judgment of conviction is vacated; petitioner is ordered returned to the custody of the Sheriff of Los Angeles County pending further proceedings in the superior court of that county consistent with this opinion.” (In re Ali (1964) 230 Cal.App.2d…