People v. Mitchell

Defendant was convicted of the offense of burglary,- admitted two prior felony convictions; was sentenced to imprisonment in the state prison; and appealed. The judgment was entered on September 14, 1961, and this court *353 affirmed on November 7, 1962. (People v. Mitchell, 209 Cal. App.2d 312 [ 26 Cal.Rptr. 89 ].) Defendant’s petition for hearing by the California. Supreme Court was denied January 3, 1963. His petition to the United States Supreme Court for certiorari was denied June 17, 1963. Thereupon the judgment became final. On February 23, 1968, the California Supreme Court, on writ of habeas corpus, ordered this court to recall its remittitur and reinstate the appeal on the ground defendant had not been represented by counsel on the appeal. (In re Mitchell, 68 Cal.2d 258 [ 65 Cal.Rptr. 897 , 437 P.2d 289 ].)

In substance, all contentions presented by counsel on the reinstated appeal, with one exception, were presented by defendant in propria persona on the original appeal; were considered by this court; and were determined without merit.

The one issue not heretofore considered arises out of defendant’s contention the judgment should be reversed because, under the rule…