Opinion
No. 0-522.
Filed July 1, 1958.
1. APPEAL — Petition in Forma Pauperis — Transcript — Expiration of Usual Time for Appeal — Public Defender. — A petition in forma pauperis for a certified transcript of trial proceedings, filed after the regular time for appeal in the course of ordinary proceedings has expired, was properly denied since after the expiration of that time such record must be obtained through the public defender as provided by statute. p. 447.
2. CRIMINAL LAW — Self-Representation — Public Defender — Acceptance of Inadequate Representation. — Where a convict choses to represent himself rather than avail himself of representation by the public defender, he must accept the consequences that result from inadequate representation. p. 448.
Petitioner, Joe Parsons, filed a purported appeal from the dismissal of a proceedings in a writ of error coram nobis filed in Randolph Circuit Court.
Appeal dismissed.
Joe Parsons, pro se. Edwin K. Steers, Attorney General, and Owen S. Boling, Deputy Attorney General, for respondent.
Petitioner has filed a paper pro se which purports to be an appeal from the dismissal of a proceedings in error coram nobis filed in the Randolph Circuit Court. That paper is inadequate in almost every particular to present any issue.
The paper filed is not accompanied by a certified transcript of the record in the proceedings from which petitioner appeals. True, he filed a petition in forma pauperis for such 1. transcript. This, however, was properly denied for the reason that since the state has created the office of public defender to represent pauper prisoners after the regular time for appeal in the course of ordinary proceedings has expired, the prisoner is not entitled to a transcript of the record at public expense, but such record must be obtained through the public defender as provided by statute. State ex rel. Casey v. Murray (1952), 231 Ind. 74, 106 N.E.2d 911; Bratton v. State (1956), 235 Ind. 427, 134 N.E.2d 218.
Where, as here, a convict chooses to represent himself rather than avail himself of representation by the public defender, he must accept the consequences which 2. result from inadequate representation. State ex rel. Fulton v. Schannen (1946), 224 Ind. 55, 64 N.E.2d 798.
The purported appeal is therefore dismissed.
Bobbitt, C.J., Arterburn, Emmert Landis, JJ., concur.
NOTE. — Reported in 151 N.E.2d 298.