People v. Daly

THE COURT.

In an information filed by the District Attorney of Los Angeles County, defendant was charged with a violation of section 11530 of the Health and Safety Code, possession of a narcotic, marijuana.

Defendant pleaded not guilty. Trial was by the court, trial by jury having been duly waived and pursuant to stipulation of defendant and all counsel the cause was submitted to the court on the testimony contained in the transcript of the proceedings had at the preliminary hearing. It was further stipulated that both defendant and the People reserved the right to put on additional testimony if they so desired. There was additional evidence offered. Defendant testified in his own behalf. Defendant was found guilty as charged.

A probation report was ordered. The criminal proceedings were adjourned and the sheriff was directed to file a petition

[427]

under section 6451 of the Penal Code in order to determine if the defendant is addicted to narcotics or is in imminent danger of becoming addicted. Two regularly qualified and appointed medical examiners of the County of Los Angeles made an examination of defendant, filed a certificate of such examination and were later sworn and testified at the hearing on such petition. After the hearing, the petition was ordered dismissed by the court and the defendant was remanded to the sheriff to be returned to the trial court for further proceedings. Probation was denied and defendant was sentenced to the state prison for the term prescribed by law. Narcotic and psychiatric care were recommended.

Defendant prosecutes this appeal “from the decision and judgment of the Superior Court.”

Defendant applied for appointment of counsel to assist him on this appeal. This court having made an independent investigation of the record and having determined it would be neither advantageous to defendant nor helpful to the court to have counsel appointed denied the application, whereupon defendant prosecutes this appeal from the judgment of conviction in propria persona. Defendant was notified and given ample time to file his opening brief and upon defendant’s request this court extended the time to file such brief. None has been filed. The entire record of the preliminary and trial proceedings are before this court, and we have given the appeal full consideration.