People v. Williams

Appellant was found guilty in 1962 of possessing heroin (Health & Saf. Code, § 11500). He was placed in the California Rehabilitation Center for treatment of addiction (Welf. & Inst. Code, § 3051) and almost five years later was returned to court. Probation was then denied and judgment was pronounced. On appeal, it is contended that trial counsel’s incompetence amounted to a denial of due process. Specifically it is complained that trial by jury was waived and the cause was submitted on the transcript of the preliminary hearing despite the asserted failure of the attorney who appeared for appellant at the preliminary hearing to present a vigorous and effective defense. But appellant failed to attack the adequacy of representation at the preliminary hearing by motion under Penal Code, section 995. (Cf. People v. Wilkins (1967) 251 Cal.App.2d 823, 826 [ 60 Cal.Rptr. 49 ].) Moreover, the record shows that while represented by new counsel he personally waived trial by jury and agreed that the cause might be submitted for decision on the transcript of the preliminary hearing. Any point appellant may have had regarding adequacy of counsel at the preliminary hearing is therefore lost.

A…