People v. Harris

Opinion

STEPHENS, J.

Defendant Anthony Cornelius Harris (hereinafter Anthony) and defendant Pinky Deringo Harris (hereinafter Pinky) were jointly charged in count I of an information with having committed a battery upon a police officer, in violation of Penal Code sections 242 and 243.' Defendant Pinky was singly charged in count II with the same crime, but against a different victim. At time of arraignment, a public defender was appointed to represent both defendants, and each of them entered a plea of not guilty. The matter was tried to the court after a full waiver by counsel and each defendant of right to trial by jury, and a stipulation was entered into submitting the cause upon the preliminary hearing transcript, plus additional evidence. Defendants participated individually in

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this stipulation. Each defendant testified. Both defendants were adjudged guilty as charged. Motions for new trial were made and denied. Pinky was referred to the Youth Authority, and Anthony, to the Director of Department of Corrections, pursuant to Penal Code section 1203.3 for diagnosis and treatment. Subsequently, Anthony was returned to court and sentenced to the state prison.

The facts giving rise to the charges commenced with a physical altercation between the two defendants, who are brothers. Two police officers sought to break up the fight, and in the course of taking the defendants into custody, the batteries occurred.

Defendant Anthony urges insufficiency of the evidence; that he was denied effective aid of counsel; and that the court erred in refusing to hear his motion for new trial. These contentions are somewhat interlocked, and will therefore be considered together.

At the time Anthony was adjudged guilty, he orally made a motion for new trial, and made application for probation. He also requested that both matters be considered at the same time in Department 118, along with some other matter in which he was involved in that department. Department 118 is located in the central part of Los Angeles, while the department in which Anthony was being tried (South E) is located in the Long Beach District. This request of Anthony’s was granted, and the matters were transferred to Department 118;