P. v. Morgan
While representing himself, Gary B. Morgan pleaded no contest to one count of selling, transporting and offering to sell cocaine base and was sentenced to a three-year prison term. We appointed counsel to represent Morgan on appeal. In his brief on appeal and his concomitantly filed petition for writ of habeas corpus, Morgan contends the trial court had a duty under Penal Code section 1368, subdivision (a),[1]and the due process clause of the United States Constitution to revoke his previously granted in propria persona status and appoint counsel to represent him during his pre plea section 1368 competency hearing. Because Morgan failed to obtain a certificate of probable cause permitting him to challenge the validity of his plea, Court dismiss the appeal. ( 1237.5.) Because it is apparent from the record the court did not hold a section 1368 competency hearing, Court summarily deny the petition for a writ of habeas corpus.
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