Green v. Superior Court

NOURSE, J. pro tem.

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Petitioner, having been convicted of assault and battery and judgment of conviction having been affirmed by the Appellate Department of the Superior Court of Los Angeles County, seeks her discharge from custody on the ground that she was denied due process of law in that (1) she was denied counsel at her trial, (2) that she was denied a jury trial, (3) that she was denied the right to the reporter’s transcript upon her appeal, and (4) a speedy trial, (i.e., a speedy determination of her appeal).

At oral argument in this case it was stipulated that there might be made a part of the record of this court for the purpose of this proceeding, the files of the municipal court and the appellate department of the superior court. We have carefully examined the entire proceedings and have reached the conclusion that petitioner has not been deprived of due process of law and that she had a fair trial and a fair opportunity to present a sufficient record upon appeal. We are further convinced that the purpose of this proceeding is not so much to relieve petitioner from the judgment which sentenced her to spend two nights and one day in jail*

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as it is to secure a ruling from this court that any person convicted of a misdemeanor is entitled to a reporter’s transcript at the expense of the county as a matter of right.

There is no merit in petitioner’s claim that she was deprived of her legal right to counsel or of her right to a jury trial. The record discloses that she was arraigned upon the day of her arrest and was then advised of all her legal rights and that she then entered her plea of guilty to count I of the complaint (violation of section 242 of the Penal Code, battery) and that thereupon count II of the complaint which charged her with the violation of section 415 of the Penal Code (disturbing the peace) was dismissed. The record fur

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ther reveals that petitioner was again arraigned and informed of the charges against her and of her legal rights and she then withdrew her plea of guilty and pleaded not guilty and demanded a jury trial. The case was then set for October 14, which was 30 days after her second arraignment. At that time she, in open court, personally waived the right to a trial by jury and was tried by the court. While petitioner in her petition here states that she did not understand the difference