In Re Jingles

SPENCE, J.

Petitioner, who is in the custody of the sheriff of Contra Costa County, seeks his release on habeas corpus.

Petitioner was charged in the Police Court of the City of Richmond with a misdemeanor to wit: a violation of section 5 of the Dangerous Weapons’ Control Law of 1923 (Stats. 1923, p. 695; Deering’s Gen. Laws, 1944, Act 1970), in that on or about August 15, 1945, in the city of Richmond, he had in his possession a revolver, a deadly weapon, capable of being concealed on his person. Upon his plea of guilty, entered on August 16, 1945, the imposition of sentence was suspended and he was placed on probation for a period of one year upon the condition, among others, that he serve six months in the county jail.

The writ was issued by this court upon the filing of a petition in which petitioner alleged: (1) that he “was not represented by, nor did he have the assistance of, counsel, nor did he competently, intelligently, completely, or at all, waive the assistance of counsel on his said trial, nor was he given the opportunity of obtaining the aid and assistance of counsel” (Art. I, § 13, Constitution of the State of California); (2) that a trial by jury was not waived in open court “by defendant and his counsel” (Art. I, § 7, Constitution of the State of California); (3) that the court pronounced judgment forthwith and in less than six hours after the plea of guilty was entered contrary to the provisions of section 1449 of the Penal Code; and (4) that petitioner was convicted and is now confined “for the commission of an act which is not a crime.”

A return was filed herein which included a certified copy of the entries in the ‘‘ Criminal Docket of the Police Court of the City of Richmond” relating to the proceedings on the above-mentioned charge against petitioner. The pertinent portions of these entries read: “Arraigned and instructed. Plea—Guilty. Defendant requested that judgment be pronounced forthwith.” Upon the return day, petitioner and Judge Leo G. Mar eolio, who presided in the police court, testified regarding the proceedings there. While there was

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some conflict in the testimony, we are satisfied that prior to petitioner’s entry of his plea of guilty, he was fully instructed as to his right to be represented by counsel and as to his right to enter a plea of not guilty and to be tried by a jury.