Rodriguez

The problem here is whether the superior court erred in refusing to issue a peremptory writ of mandate directing the municipal court to appoint an attorney at public expense to represent appellant in a criminal prosecution for violation of Penal Code section 647, subdivision (f) (disorderly conduct due to public intoxication), a misdemeanor.

The appeal is upon the clerk’s transcript alone.

The verified petition praying for issuance of the writ alleges, among other matters:

Based upon the petition, an alternative writ of mandate issued out of the superior court directed to “the Municipal Court of the Visalia Judicial District,” commanding that counsel be appointed to represent petitioner (appellant herein) or that cause be shown before the superior court on a certain day and time “why you have not done so.”

The petition and alternative writ were duly served but no written return by way of answer or demurrer or other appearance was filed by the respondent court. On the return day the judge of the municipal court personally appeared in the superior court and testified. Because there is no reporter’s transcript we do not know what he said. The judge of the superior court…