In re Norman

FRAMPTON, J. pro tem. * —

Petitioner seeks his release on habeas corpus on the grounds that he was deprived of his constitutional rights in that the court failed to advise him at the time of his arraignment for plea, and arraignment at the time of the pronouncement of judgment and sentence that he was entitled to be represented by counsel. (Cal. Const., art. I, § 13; Pen. Code, § 686.)

Petitioner was in the Municipal Court of El Monte Judicial District, County of Los Angeles, charged with violation of section 270, Penal Code (failure to provide for a minor child). A certified copy of the docket of said court shows that peti[106]tioner was arraigned on said charge on March 30, 1960; that he was present without counsel at said arraignment and was “duly arraigned, informed of the charge against him and his legal rights.” The docket further shows that petitioner gave his true name; entered his plea of guilty to the offense as charged and waived time for sentence; that an application for probation was made and hearing thereon was set for April 20, 1960, petitioner having waived the statutory time. He was released on his own recognizance pending hearing on such application.

On April 20, 1960, petitioner was present without counsel at which time the court suspended the imposition of sentence and placed him on probation for the period of three years, one of the conditions being that he pay through the probation officer for the support of his minor children the sum of not less than $60 per month.

June 21, 1961, petitioner was in court without counsel on an order to show cause why he should not be held in violation of the order granting probation for his failure to pay the sums ordered. The court, after hearing the matter, found petitioner in violation, revoked probation and sentenced him to one year in the county jail with directions that he be compelled to work and that funds available from his earnings be applied to the support of his minor children (Pen. Code, § 273h).

The affidavit of the deputy clerk on duty at all times during the entire session of the court on June 21, 1961, which is attached to the return, shows that all defendants as a group were advised of their legal rights by the judge presiding and in the following language: “You are informed that under the Constitution of the State of California you are entitled to the following rights: To be informed of the charges against you; to a public and speedy trial; to a trial by judge or jury; to be represented by counsel of your own choosing at all stages of the proceedings, including this one; to be confronted by the witnesses against you at the time of your trial; to have subpoenas issued for witnesses on your behalf; and to be released on reasonable bail pending trial.”