People v. Jackson

Defendant was charged by information with three felonies: Count I, armed robbery (Pen. Code, § 211) ; count II, assault with intent to murder Raymond Bash (Pen. Code, § 217); count III, assault with intent to murder William Watson (Pen. Code, § 217). On March 12, 1963, defendant pleaded guilty to counts I and III. On April 8, 1963, the court permitted defendant to change his plea to not guilty on all counts. The request of defendant’s attorney to be relieved was granted. Thereafter, represented by the public defender, defendant waived a jury trial and on June 17 and 18, 1963, was tried by the court sitting without a jury. The court found defendant guilty as charged in counts I and III, and not guilty on count II. On July 8, 1963, defendant was sentenced to state prison.

On July 17, 1963, a notice of appeal was filed, bearing the signature of an attorney other than the public defender. No brief was filed on behalf of defendant and, after notice to this new attorney of record, pursuant to rule 17(a) of the California Rules of Court, the appeal was dismissed.

On July 20, 1966, upon defendant’s application, the Supreme Court ordered the Court of Appeal to recall its remittitur,…