In Re Henderson

GIBSON, C. J.

Vincent S. Henderson was convicted in the San Francisco Municipal Court of a violation of subdivision (a) of section 647 of the Penal Code (soliciting or engaging in lewd or dissolute conduct in public), and he was fined and placed on probation for two years.

1

He filed a notice of appeal together with a request for a reporter’s transcript. The request, which was not accompanied by an affidavit in forma pauperis, was denied. Petitioner was not represented by an attorney on the appeal, and it does not appear that he requested one. It is undisputed that he was then and is now indigent. The appellate department of the superior court affirmed the judgment, and petitioner instituted this proceeding, requesting the reinstatement of his appeal, a free transcript, and the assignment of an attorney to represent him.

On an appeal from a felony conviction in a superior court a defendant, regardless of his ability to pay, has a right to a reporter’s transcript furnished at the expense of the state.

(People

v.

Smith

(1949) 34 Cal.2d 449, 450 [211

[543]

P.2d 561].) Where the appeal is from a misdemeanor conviction in a municipal court a defendant is not automatically entitled to a free transcript.

(Preston

v.

Municipal Court

(1961) 188 Cal.App.2d 76, 78-81 [10 Cal.Rptr. 301];

Hidalgo

v.

Municipal Court

(1954) 129 Cal.App.2d 244, 245 [277 P.2d 36].) On such an appeal, however, where a reporter has recorded the proceedings a transcript must be given the defendant without charge if he is indigent and the transcript is necessary for an adequate and effective appellate review.