Chung

Defendant was convicted of two counts of robbery. He appealed in propria persona. No request for the appointment of counsel was made. No brief was filed and, on September 6, 1962, the appeal was dismissed under rule 17a of the California Rules of Court.

Defendant has recently retained counsel through whom he has filed a motion seeking recall of our remittitur and vacation of the judgment of dismissal. The motion, which relies on Swenson v. Bosler (1967) 386 U.S. 258 [ 18 L.Ed.2d 33 , 87 S.Ct. 996 ], Carnley v. Cochran (1962) 369 U.S. 506 [ 8 L.Ed. 2d 70 , 82 S.Ct. 884 ], and Gideon v. Wainwright (1963) 372 U.S. 335 [ 9 L.Ed.2d 799 , 83 S.Ct. 792 , 93 A.L.R.2d 733 ], cites *434 the earlier history of this case and of the companion case involved in our Crim. No. 8084. The motion takes into account the fact that, unlike Case No. 8084, no request for counsel was made in this case and seeks to avoid the effect of that omission by the following argument: “Defendant having theretofore, in Case No. 2d Crim. 8084, filed with said court a request for the appointment of counsel and being cognizant of the procedure and requirements of said appellate court for the appointment of counsel, and…