People v. Owens

Defendant was found guilty of assault with a deadly weapon (§ 245, Pen. Code) ; his motion for a new trial was denied. Thereafter criminal proceedings were adjourned and defendant was remanded to the Department of Corrections for diagnosis and treatment (§ 1203.03, Pen. Code). Returned to the superior court, defendant renewed his motion for new trial which was denied. No finding on the prior felony conviction (§ 12020, Pen. Code) was made. Defendant was sentenced to the state prison. He appeals from the judgment.

In the early morning hours of June 30, 1965, defendant and one Coran, inmates in…