People v. Rummel

After the District Court of Appeal, Fourth Appellate District, denied defendant’s motion to recall its re-mittitur and set aside the dismissal of his appeal from a judgment of guilty of the possession of marijuana, we granted a hearing. His appeal was dismissed by the District Court of Appeal for failure to file briefs. The dismissal of the appeal was entirely proper, and the matter will be treated as a petition for a writ of habeas corpus.

Facts: On February 21, 1964, defendant, while on parole, pleaded guilty in the Superior Court of San Diego County to possession of marijuana, admitting two…