People v. Reeg

DORAN, J.

As recited in respondent’s brief, “This matter purports to be an appeal from an order of the Superior Court of the State of California, in and for the County of Los

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Angeles, denying the appellant’s motion to vacate and set aside the judgment (in the nature of a petition for writ of error

coram nobis).

"In an information filed by the District Attorney of Los Angeles County, appellant was charged in two counts with crimes of forgery and in a third count with the crime of grand theft. The information also charged appellant with having been convicted of the crimes of grand theft and burglary, felonies, for which he served terms of imprisonment in the state prison.

"Upon arraignment, appellant moved to set aside the information. After a hearing, the motion was denied and appellant entered his plea of ‘Not Guilty.’ and denied the prior convictions alleged.

"Before the matter came to trial another information was filed by the District Attorney for the County of Los Angeles, charging appellant with violation of Vehicle Code Section 239.

"Appellant moved to set aside that information but his motion was denied and a plea of ‘Not Guilty’ was entered.

"Subsequently, on motion of the People, both informations were consolidated, the charge of violation of Vehicle Code Section 239 being designated Count IV. Appellant’s motion to dismiss Count IV on the ground of lack of jurisdiction, was denied.

"After trial by jury appellant was found guilty on each of the four counts. Appellant’s motion for new trial was set for hearing and a probation report was ordered.

"Appellant’s motion for new trial and to strike the Probation Officer’s report was denied. Probation was denied and on December 9, 1955, appellant was sentenced to imprisonment in the state prison for the term prescribed by law on each count, the sentences as to Counts I,- II and III to run concurrently with each other and the sentence as to Count IV to run consecutively to that imposed on Counts I, II and III.