People v. Harden

MUSSELL, J.

On May 8, 1952, a complaint was filed in the San Diego Municipal Court charging defendant with a violation of section 476 of the Penal Code (uttering a cheek bearing fictitious name). A preliminary examination was held at which defendant, who was represented by counsel, was held to answer on the charge contained in the complaint. On the same day the district attorney filed in the superior court an information charging defendant with three counts of violating Penal Code, section 470 (forgery). These counts were with reference to three checks introduced in evidence at the preliminary examination. Defendant pleaded not guilty. A jury trial was had which resulted in a verdict finding the defendant guilty of the crime of forgery in three counts and having suffered two prior convictions of felony, and on June 20, 1952, the court committed him to the state prison. No notice of appeal from the judgment of .conviction was filed.

■ On September 2, 1952, defendant filed in said superior court a motion to vacate and set aside the judgment entered against him therein. He stated in his motion that the trial court was without jurisdiction to proceed against him because he was not held to answer on the charges of forgery but ihstead was held to answer on the “charges of uttering a check bearing fictitious name,” and, therefore, the entire proceedings were null and void. A hearing on defendant’s motion was had by the trial court. After the court had examined and considered the entire file in said matter, the motion was denied and this appeal was taken from the order denying it.

•Upon the application of defendant for appointment of counsel,' this court appointed Milton Predman of San Diego to represent him on this appeal. Mr. Predman requested permission to file a full report to the court in lieu of a brief on the grounds that the points of law which could be considered on behalf of appellant on his appeal are so clearly detailed in the applicable statutes and decisions adversely to appellant that no arguable grounds exist upon which to base a brief in his behalf. This request was granted following similar procedures indicated in

People

v.

Dodd,

113 Cal.App.2d 682 [248 P.2d 965], and

People

v.

Sutton,

115 Cal.App.2d