How has the Court considered the argument that appellant waived his right to counsel at trial?

California, United States of America


The following excerpt is from People v. Smith, 265 Cal.App.2d 775, 71 Cal.Rptr. 557 (Cal. App. 1968):

Of course, the function of an appellate court in reviewing a trial court judgment on direct appeal is limited to a consideration of matters contained in the record of the trial proceedings. Appellant herein by a statement in his brief is asking the court to accept as true the unsupported statement that appellant was unrepresented by counsel at his prior convictions or that he had not intelligently waived his right to counsel. On this record it would be improper for us to consider the matter attempted to be raised. (See People v. Merriam, 66 Cal.2d 390, 397, 58 Cal.Rptr. 1, 426 P.2d 161.)

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