Francisco

The plaintiff pleaded guilty to a charge of violation of Penal Code section 470 (forgery) and was sentenced on March 9, 1965, to prison. In July 1965 he filed a petition for a writ of coram nobis. Appellant was personally present at the hearing held on August 6, 1965, where the court was extremely careful in asking appellant whether or *438 not he wanted an attorney. At that time the appellant waived his right to counsel an'd the matter was subsequently continued to August 11, 1965, where the appellant again waived his right to counsel. Upon denial of relief on the petition, he filed a timely notice of appeal.

Prior to the time of sentencing the appellant was represented by Deputy Public Defender Stone, and by Chief Public Defender Hancock at the time of sentencing. At the hearing on the writ the appellant called Mr. Stone as a witness with reference to his recollection of a conversation with appellant concerning the possibility of making restitution for the bad checks and for probation. The witness denied that he had had such a conversation with appellant and testified that he did not recall telling appellant he would talk to the district attorney or the judge and attempt to get…