People v. McNeal

GRIFFIN, J.

was charged jointly with one Hurst and was convicted by a jury of the crime of robbery, first degree. Richard W. Petherbridge, public attorney, represented the defendants at the trial. Defendant McNeal filed his own notice of appeal in propria persona. After some delay, defendant informed this court that he desired the services of an attorney. This court appointed Mr. Petherbridge to represent the appellant on appeal and extended the time to file an opening brief. Appellant was so notified. Mr. Petherbridge, in an affidavit, made an application to be relieved as appellant’s counsel, stating that on October 2, 1953, he addressed a letter to him at Box 686, Soledad, asking for information on the grounds upon which he wished to appeal, but received no response from the letter; that he wrote again on October 21st, renewing the request, and received no reply; that he believes, from remarks made by the appellant after rendition of the verdict of the jury, that McNeal felt that he was inadequately represented; that affiant knew of no grounds upon which an appeal in the matter could be founded with any reasonable prospects of success, and asked this court to relieve him as counsel. This court notified the appellant of this fact, refused to relieve him of the services of Mr. Petherbridge, informed him of the facts set forth in Petherbridge’s affidavit, and allowed him either to file a brief in his own behalf or to furnish Mr. Petherbridge with sufficient information to permit him to file a brief on appeal. On November 24, 1953, appellant presented a document denominated

Opening Brief,

in which he claimed that he was not guilty of any offense; that he had an unfair trial due to the inability of the interpreter to properly interpret the testimony; that his attorney did not object to certain questions propounded by the district attorney; that his attorney made certain stipulations in open court to which he did not consent; and complained generally as to the conduct of his trial.

The testimony shows that early in the evening of March 13, 1953, a young Mexican boy named Abel Zarasuta, was

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working as a night irrigator on a lonely ranch near Holt-ville, on the road to Yuma. He observed a 1947 Pontiac station wagon approach on the Yuma Eoad, make a “U” turn, and pull off the highway. Zarasuta continued with his work and passed within three yards of the parked car while he was carrying a kerosene pump lamp, and was able to observe two men in the front seat. One man came around the car, went up to Zarasuta, and had a short conversation with him as to the whereabouts of a camp of “Jimmies.” The stranger then returned to the station wagon and drove away. Zarasuta positively identified the appellant McNeal as the man who arrived in the station wagon and entered into a conversation with him at the time and place.