People v. Garcia

BURKE, P. J.

In an information filed in the Superior Court of Los Angeles County defendant was charged with burglary in violation of section 459 of the Penal Code, a felony.

On November 18, 1960, defendant appeared in the criminal master calendar department of the superior court for arraignment. He was not represented by counsel and the arraignment was continued to November 23, 1960. On the latter date he appeared again and was not represented by counsel. The minutes indicate that he appeared in propria persona. He entered a plea of not guilty and the trial was set for January 16,1961, in department 108. On that date defendant, who was on bail, appeared for trial. Upon being asked by the judge in that department if he was ready for trial, he replied in the negative stating that for financial reasons he could not hire an attorney before but on that very morning he had consulted an attorney and that he thought the attorney would call, up to verify the fact that he did consult him. The judge stated, “You mean you waited until the morning of your trial to make arrangements to have an attorney?” The defendant replied, “I couldn't help it for financial reasons.”

Upon inquiry by the court the defendant acknowledged that he had been represented by counsel at the preliminary examination; at the time of his arraignment in superior court the court had asked him if he had money to employ an attorney; defendant had stated he did have money, whereupon the arraignment was put over; when he next appeared the

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court had again inquired as to whether defendant had money to employ counsel

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defendant again advised the court he would be able to employ an attorney and after arraigning him the court continued the matter for trial to January 16, undoubtedly in order to give him sufficient time to employ counsel.

Defendant made a motion for continuance before the judge in department 108. The court, in the exercise of the discretion vested in it by law, denied this motion, no doubt because the court believed defendant was employing delaying tactics.

The court then exonerated defendant’s bail and remanded him to custody pursuant to Penal Code section 1129. This section permits the court, in its discretion, at any time after a defendant’s appearance for trial, to order him to be committed to the custody of the sheriff to abide the judgment or further order of the court. The propriety of that action need not be determined here; however, it should be noted that it did have a bearing upon the principal issue which the ease presents to this court since it rendered even more difficult the ability of defendant to secure counsel.