In Re Downs

Opinion

TOBRINER, J.

On February 20, 1968, petitioner was convicted, upon his plea of guilty, of assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)). On March 27, 1968, he moved to withdraw his guilty plea; the trial court denied this motion, denied probation and sentenced petitioner to state prison. We issued an order to show cause upon petitioner’s allegations (1) that he was denied the effective assistance of counsel in that his attorney failed to investigate, and thereby withdrew, a crucial defense arising from petitioner’s epilepsy and (2) that…