People v. Avery CA2/3

California Court of Appeal Jul 19, 2024 No. B327229Unpublished

AI Brief

AI-generated · verify before citing

Holding. The court held that a petition for a writ of error coram nobis cannot be used to vacate a guilty plea based on claims of ineffective assistance of counsel or allegations that counsel provided faulty advice regarding the strength of the prosecution's case.

Issues

Did the trial court err in concluding it lacked jurisdiction to consider the petition for a writ of error coram nobis?
Do claims of ineffective assistance of counsel and faulty advice regarding a plea bargain provide a valid basis for coram nobis relief?

Disposition. Affirmed

Quotations verified verbatim against the opinion

“‘[c]oram nobis will not issue to vacate a plea of guilty on the sole ground that it was induced by a false statement of defense counsel, even if unwarranted and willfully false. [Citation.]’”

Filed 7/19/24 P. v. Avery CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B327229

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA004166) v.

KYLE WHELAN AVERY,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, John A. Torribio, Judge. Affirmed. Lise M. Breakey, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Steven D. Matthews and Rama R. Maline, Deputy Attorneys General, for Plaintiff and Respondent.

‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗

In 1990, Kyle Whelan Avery pled guilty to attempted residential burglary. In 2022, he filed a petition for a writ of error coram nobis, seeking to vacate the prior judgment on the ground that his trial counsel induced his guilty plea with faulty advice. The trial court denied the petition. We affirm the trial court order. FACTUAL AND PROCEDURAL BACKGROUND In June 1990, Avery was arrested after he was observed forcing a screwdriver between the front doors of a residence, near the deadbolt. The People charged Avery with one count of attempted residential burglary. (Pen. Code, §§ 459, 664.)1 Avery was represented by counsel. He pled guilty to the charge, pursuant to a plea bargain. The trial court sentenced Avery to the low term of one year.2 In August 2022, Avery filed a petition for a writ of coram nobis to vacate the 1990 judgment.3 The petition alleges that Avery’s trial counsel induced his guilty plea with faulty advice regarding the strength of the People’s case. Avery contends the

People v. Avery CA2/3

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B327229

KYLE WHELAN AVERY,

More from California Court of Appeal

Related research

ADAMS, J.

EDMON, P. J.

EGERTON, J.

AI Brief