People v. O'Connor

GRIFFIN, J.

On October 3, 1949, defendant John O’Con-nor, alias John Nelson, was charged with forging a check on September 4, 1947, in Imperial County, and entered a plea of guilty. When arraigned, the public defender was appointed to represent him. After a hearing on a presentence report of the probation officer, defendant, on October 4, 1949, was committed to the state’s prison. No motion for new trial was made and no appeal was taken from the judgment. On March 3, 1952, more than two years later, defendant, in propria persona, filed a petition for writ of error

coram nobis

in the Superior Court of Imperial County. The court appointed an attorney to represent defendant, granted an order

[725]

allowing him to file any paper as a pauper, without cost, denied a motion for defendant’s personal appearance, and ordered that the matter be submitted on affidavits. Several continuances were granted defendent to secure affidavits. A hearing was had, the court ordered the matter submitted, and relieved defendant’s counsel from further service. Subsequently, the petition for the writ was denied. Defendant, in propria persona, filed a notice of appeal from that order.

A general statement of defendant’s contentions on appeal is as follows: That if he had been accorded his constitutional right he would not have pleaded guilty, and if he had had a fair trial by jury, with an opportunity to present evidence and speak in his own behalf, he would have been acquitted. He alleges that the judgment and sentence were illegal in the following respects: (1) that he was a kidnaped person and the court lacked jurisdiction to proceed; (2) that he was denied the services of competent counsel at arraignment; (3) that the public defender handled his cause improperly; (4) that his cause was prejudiced by misconduct of the sheriff; (5) that he was prejudiced by misconduct of the deputy district attorney; and (6) that the court erred in proceeding to judgment and sentence knowing the defendant entered a plea of guilty through duress, illness, hunger, exhaustion, denial of medical treatment and care, and physical and mental torture resulting therefrom.

The first contention has to do with charges to the effect that defendant was illegally extradited from Arizona after serving a term in prison in that state; that the commutation of sentence in Arizona, proclamation of parole, and warrant of extradition were signed through fraud, duress and collusion, to prevent defendant from filing charges against certain Arizona officials.