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PEOPLE v. SMYERS

Docket No. 13499.

261 Cal.App.2d 690 (1968)

68 Cal. Rptr. 194

THE PEOPLE, Plaintiff and Respondent, v. DAVID DWIGHT SMYERS, Defendant and Appellant.

Court of Appeals of California, Second District, Division Three.

April 30, 1968.

Attorney(s) appearing for the Case

Francis Sarguis, under appointment by the Court of Appeal, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, Elizabeth Miller and Barry H. Lawrence, Deputy Attorneys General, for Plaintiff and Respondent.

COBEY, J.

This is an appeal following a jury trial from a judgment of conviction of the felonies of burglary of the first degree, forcible rape and robbery of the first degree (2 counts).

[1a] The sole issue is whether appellant, who desired private counsel, was denied his constitutional right to counsel and to due process of law by his being forced to trial and judgment without counsel because...

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