In re Ali

KINGSLEY, J. Petitioner was duly charged with violations of section 484a of the Penal Code (unlawful use of a credit card). After a trial by jury, he was convicted and sentenced to state prison. He appealed from that judgment and also, petitioned for a writ of habeas corpus on the ground of improper denial of his right to counsel. The habeas corpus matter having been transferred to this court by the Supreme Court, we considered it, found his contention to be valid, saying: 111 The net effect of the trial court’s action was to deny petitioner effective representation during the trial; a conviction resulting therefrom cannot stand. However, the error affects only proceedings subsequent to the arraignment and petitioner is entitled only to have the criminal prosecution resume at the point where constitutional right was denied.” [680]Accordingly, we issued our judgment on the petition and on the concurrent appeal, as follows: “The writ is granted; the judgment of conviction is vacated; petitioner is ordered returned to the custody of the Sheriff of Los Angeles County pending further proceedings in the superior court of that county consistent with this opinion.” (In re Ali (1964) 230 Cal.App.2d 585, 591 [41 Cal.Rptr. 108].)

That judgment became final on January 12, 1965, and our remittitur issued on that date; it was duly filed in the trial court on January 14, 1965.

Thereafter, petitioner was again brought to trial on the original information and, after a jury trial, was again convicted. He was again sentenced to state prison and has again appealed from the judgment of conviction. That appeal is now pending in this court.

On July 21, 1965, he filed in the Supreme Court a petition for a writ of habeas corpus. That petition has been duly transferred to this court for determination.1 Since our examination of the petition, and the “Supplemental Affidavit” filed in connection therewith, together with an examination of the record on appeal in his pending appeal from the judgment, discloses that the petition is without merit, we deny the petition.

The grounds set out for relief by way of habeas corpus are three: (1) That defendant was not brought to trial within the period prescribed by section 1382 of the Penal Code; (2) That the trial court denied him a fair trial by reason of its rulings and conduct during the course of the trial; and (3) That his right to be free from double jeopardy was violated by the sentence imposed after the second trial.2