People v. Stillwell

HERNDON, J.

This is a patently unmeritorious appeal from an order denying petition for the writ of error

comm nobis.

Petitioner was sentenced to state prison on May 10, 1956. In November of the same year he filed a petition for writ of error

coram nobis,

which was denied. The instant petition, which was filed on May 10,1957, is the second application for the same writ.

[176]

The gist of the allegations contained in the present petition is that defendant was induced to enter a plea of guilty to a felony charge by (a) the statement of his attorney to the effect that the district attorney had given a promise of probation in consideration of the plea, and (b) the unqualified assurance of his attorney that a plea of guilty would lead to his being granted probation.

Defendant does not allege that any representation or commitment was made directly to him by any responsible official, but indicates that he acted solely upon the advice and statements of his own counsel. The petition incorporates exchanges of communications between defendant and his counsel in which the latter brands as “a deliberate falsehood” defendant’s assertion that counsel had told him the district attorney had “agreed” to probation in exchange for a plea. The attorney characterized defendant’s other allegations as “fabrications, misstatements, and misquotations of what was said to you and done in connection with your case. ’ ’

“ [G]oram nobis

will not issue to vacate a plea of guilty on the sole ground that the plea was induced by a misleading statement by defense counsel.”

(People

v.

Rodriguez,

143 Cal.App.2d 506, 508 [299 P.2d 1057];

People

v.

Kirk,