People v. Privitier

JEFFERSON, J.

In an information filed by the District Attorney of Los Angeles County defendant was charged in three counts with issuing check without sufficient funds in violation of Penal Code section 476a.

Defendant pleaded not1 guilty. Trial was by the court, trial by jury having been duly waived by defendant and all counsel. The cause, pursuant to stipulation of defendant and counsel, was submitted to the court on the testimony contained in the transcript of the proceedings had at the preliminary hearing, and both sides reserved the right to put on additional testimony.

At the commencement of the trial the judge directed that the record indicate that pursuant to the stipulation he had read and considered the testimony taken at the preliminary hearing. Additional evidence offered at the trial consisted of the testimony of defendant and a witness called in her behalf. Defendant was found guilty as charged. A probation report was ordered. Probation was denied and defendant was sentenced to state prison for the term prescribed by law.

Defendant made a motion for appointment of counsel on appeal in Division Two of the Second Appellate District of this court to which consideration of this appeal had originally been assigned on September 15, 1961. On that date the court made it's order indicating that it had made an independent investigation of the record and had determined that it would be neither advantageous to defendant nor helpful to the court to have counsel appointed. The application was therefore denied.

Thereafter, the appeal of this case was transferred to this division and this court made its own independent investigation of the record. We concur in the determination by Division Two of this court that it would be neither advantageous to defendant' nor helpful to this court to have counsel appointed.

Defendant, on August 6, 1959, opened an account in the name of Joyce I. Noe at Citizens National Bank in Burbank, California. This account was closed out four days later on August 10, 1959. On August 15, 1959, the account showed a $14 overdraft.

[728]

The evidence showed that no arrangements for credit had been made by defendant at that bank. On August 10, 1959, a check drawn on the Burbank Branch of the Citizens National Bank, signed by a Mrs. Joyce I. Noe was delivered to Mr. Charles MeGilvary, an employee of the Hollywood Ranch Market, and in return for this check in the sum of $20.30, the person was given $12.30 in groceries and the balance in cash.