People v. Batiste

Opinion

STEPHENS, J.

On January 18, 1978, defendant was stopped by a police officer and cited for failing to stop for a red light (Veh. Code, § 21453, subd. (a)) and for failing to have a driver’s license in his possession (Veh. Code, § 12951, subd. (a)). The citation ordered him to appear in court on or before February 16, 1978. He failed to do so. On March 20, 1978, a complaint issued charging defendant with having

[330]

violated Vehicle Code section 40508 by his failure to appear on the traffic citations. A warrant was issued fixing bail at $50 plus a penalty assessment of $15.

On July 26, 1978, a third party, who bore defendant’s surname and was presumably a family member, posted bail on defendant’s behalf in the amount of $65.50 and received an appearance date of July 28, 1978. Defendant appeared on the latter date, pleaded guilty to all three charges and waived his right to have pronouncement of sentence delayed. He was immediately sentenced to pay a $150 fine or serve five days in jail on count 1, the failure to appear, and to pay $10 fines on the traffic violations. Both the latter fines were suspended. Defendant immediately filed a notice of appeal. He also filed a statement on appeal on July 28, 1978.

The municipal court filed its engrossed settled statement on appeal. on October 4, 1978. According to that statement, at the time of his appearance on July 28, 1978, defendant had at least two other outstanding traffic citations and two other failures to appear. He pleaded guilty to all charges. We are not told what disposition was made with respect to the other two matters. The engrossed settled statement gives the following delineation of defendant’s contentions on appeal: “Defendant alleges he was misled by the court bailiff when submitting his numerous bail slips upon arriving in court. He states that he did not want to see the court at that time but wanted to forfeit his bail which he had posted on the several tickets which had gone to warrant on which he was appearing. Defendant alleges that he is a victim of his own lack of familiarity with court procedure.”

On September 13, 1979, defendant, in propria persona, filed a written two paragraph statement in the appellate department of the superior court which was, apparently, to serve as an opening brief on appeal. That statement included the contentions set forth in the engrossed settled statement and added the argument that defendant could not afford the fine levied against him. He attached a financial statement showing a monthly income of $750 and monthly expenditures of $785, including a $100 a month “miscellaneous” expense.