People v. Sneed

[965]

Opinion

KINGSLEY, J.

Defendant, together with Melvin Kirksey, was charged with one count of robbery; three prior felony convictions were also alleged against defendant; he pled not guilty and admitted the priors. After a trial by jury, he was found guilty of robbery in the second degree; a motion for a new trial was made and denied; probation was denied; he was sentenced to state prison; he has appealed from the judgment and from the denial of his new trial motion. We affirm the judgment and dismiss the appeal from the order denying a new trial.

1

On this appeal it is not contended—and on the record it could not be contended—that the evidence did not support the verdict and judgment. The errors urged are procedural.

I

Because of a possible conflict of interest between the two defendants, private counsel was appointed by the court (under § 987a of the Pen. Code) to represent defendant. Thereafter defendant asked that that attorney be relieved and that defendant be permitted to defend himself. The request was granted.

2

After an unsuccessful motion under section 995 of the Penal Code and an unsuccessful motion to suppress evidence under section 1538.5 of that code, defendant sought an order appointing an investigator at public expense in order to secure three witnesses. After a hearing, at which defendant testified on the necessity for such an investigator, the request was, in effect, denied. However, the record shows that the public defender, who represented the codefendant,

3

was interested in securing the same witnesses and that it was agreed that the results of the public defender’s investigator’s work would be made available to defendant and that he might renew his request at a later date. Of the three witnesses that defendant desired, two attended the trial and testified.

Under these circumstances, we need not explore, in this case, the extent of the rights of an indigent defendant appearing in pro. per. to a publicly