In Re Muraviov

THE COURT.

Petitioner, John Muraviov, was convicted of a violation of Penal Code, section 270 (wilful omission to furnish necessary support for minor child), and he was sentenced by the Municipal Court for the Los Angeles Judicial District to serve a term of 180 days’ imprisonment in the county jail therefor. Subsequently said judgment of conviction was affirmed on appeal by the Appellate Department of the Superior Court, Los Angeles.

Thereafter this court granted a writ of habeas corpus upon Muraviov’s petition which alleged in essence that Muraviov was unable to speak or understand English, that he was not represented by counsel at the arraignment or at the trial, that no interpreter was present at either the arraignment or the trial, and that, by reason of all of said matters, petitioner was denied due process of law and that his constitutional rights were violated. Further proceedings in the municipal court were ordered stayed until further order of this court or final determination of this proceeding.

Return to the writ was thereafter made; hearing held before this court; and the matter was ordered submitted.

Examination of the entire record before us compels the conclusion that petitioner was not accorded due process of law; that his constitutional and statutory right to be represented by counsel was violated; that, therefore, his conviction was void and that the cause should be sent back to the municipal court for retrial in accordance with the views expressed in this opinion.

The allegations of petition for writ and supporting declaration, as well as our observation and interrogation of petitioner at the hearing before us, sufficiently establish that petitioner does not speak nor understand English, that he did not with

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intelligent understanding waive his right to assistance of counsel, that he was not represented by counsel (and that he did not have the aid of an interpreter) at the arraignment or at the trial.

There can be no doubt that due process of law and a defendant’s constitutional rights are violated where the defendant’s ignorance or inability to intelligently understand his legal and constitutional rights render it impossible for him to understand the nature of the proceedings being taken against him or to make an intelligent and competent waiver of counsel.