Hickman
People v. Hickman
Opinion
Lead Opinion
Kaus, J.
Petitioner, Willie Warner Hickman, seeks relief from his default in failing to file a notice of appeal in a criminal ease within the 10-day period specified by rule 31(a) of the California Rules of Court.
In his petition Hickman alleges in substance that at the time of his sentence he had no knowledge of “his constitutional right”—presumably his right to appeal; that he had no knowledge of the rules of appeal; that at no time did his appointed attorneys inform him of his constitutional rights; that he asked them to appeal; that they told him that this would be taking a grave chance and that, if the appeal was lost [won?], he could be resentenced “for his life in the gas chamber”; that he was told an appeal would be filed and he would hear from his attorneys; that two years have passed and petitioner has not heard from them or seen them; that he was told by an officer at Chino to write a letter to the court entitled “motion for appeal” and that he did so on or about September 17, 1962; that this letter was mailed by the “Counseling Center Officer” and that he has never had a reply to that letter; that his two partners in crime who had appealed obtained reversals in the summer of…