Maldonado

Defendant appeals in propria persona from a judgment imposed upon a jury verdict finding him guilty of violating Vehicle Code, section 23102 (driving on highway while under influence of intoxicating liquor). He failed to perfect his record on appeal, filing neither a settled statement, a reporter’s transcript, or a brief, and the time to ask for relief from such default has expired (Cal. Rules of Court, rule 186(b)) ; but a proper notice of appeal was filed and he appeared in propria persona to argue his case orally before this court. The clerk's transcript, however, indicates a constitutional infirmity in the proceedings below which makes the case vulnerable to an attack by way of habeas corpus, to wit, a violation of a constitutional right to counsel at time of sentence. In order to minimize unnecessary procedures by litigants and the court, we deal with this limited area of legal infirmity and otherwise affirm the judgment below.

Defendant’s lament that he was not properly afforded his constitutional right to counsel at the time of pronouncement of judgment (he says because he was then unable financially to pay his counsel) appears to merit cognizance by this court. The…