Muller v. Municipal Court

DRAPER, P. J.

Seven misdemeanor parking violations (San Francisco Municipal Traffic Code, §§ 32(a), 32(b) and 32(c)) were charged against petitioner. He demanded jury trial, elected to represent himself, and consumed five days in trial. The jury convicted him on all counts. He filed notice of appeal. He made no attempt to secure a settled statement of the oral proceedings but moved in the trial court for a reporter’s transcript supplied at public expense. The motion was denied. His application to the superior court for writ of mandate was denied after hearing. He appeals.

On appeal from a felony conviction, California furnishes a free reporter’s transcript to the appellant regardless of his ability to pay or the adequacy of another form of record

(People

v.

Smith,

34 Cal.2d 449 [211 P.2d 561]).

In misdemeanor cases, however, such a transcript is furnished only to an appellant who is indigent and only when a transcript is necessary to an adequate and effective appellate review (In re

Henderson,

61 Cal.2d 541, 543 [39 Cal.Rptr. 373, 393 P.2d 685]). Neither condition is met here.

[179]

California procedure provides for a settled statement on appeal from a municipal court judgment (Cal. Rules of Court, rules 184-187). When such a statement can afford an adequate basis for review, no right of an appellant is infringed by denial of a full transcript (see

Preston

v.

Municipal Court,

188 Cal.App.2d 76, 86 [10 Cal.Rptr. 301] ;

Griffin

v.

Illinois,

351 U.S. 12, 20 [100 L.Ed. 891, 899, 76 S.Ct. 585, 55 A.L.R.2d 1055]). It has been said that “a bona fide attempt to secure a settled statement” is essential to showing the need for a reporter’s transcript