How have the courts dealt with the issue of habeas corpus?

California, United States of America


The following excerpt is from People v. Wilson, 230 Cal.App.2d 475, 41 Cal.Rptr. 153 (Cal. App. 1964):

After a plea of guilty on charges of auto theft and arson, appellant was granted three years probation. Conditions, inter alia, were that he spend one year in the county jail and that he not violate any laws. Imposition of sentence and judgment was postponed. Thereafter, the order of probation was revoked for violations of conditions hereinafter to be stated, and contemporaneously appellant was sentenced to state prison for the term provided by law. (During all these proceedings appellant had been represented by the public defender.) He then appealed to this court in propria persona. Judgment was affirmed in People v. Wilson, 208 Cal.App.2d 256, 25 Cal.Rptr. 97 (Oct. 5, 1962). The proceedings outlined above are stated with greater particularity in the opinion (of Presiding Justice Peek) therein and the facts are related more fully than we shall state them. After our decision appellant petitioned this court for a writ of habeas corpus grounded upon the contention that he, an indigent appellant, had not had the benefit of court appointed counsel to assist him upon his appeal. In response to said petition we appointed an attorney to represent him and set the appeal at large by recalling the remittitur. (We also, on petition of appellant, ordered augmentation of the record to include certain reports.) Said reports have been received; a brief has been filed by appellant's attorney; also respondent's reply. These have been considered. Oral argument has been waived. We have discovered nothing to change our original decision.

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