People v. Mendez

SHENK, J.

This is an appeal by the defendant from an order denying his petition for a writ of error

coram nobis,

the purpose of which was to set aside his plea of guilty to the charge of murdering his paramour and to vacate the judgment imposing the death penalty.

The defendant was charged by information filed August 3, 1944, with the murder of Maude Pearl Farrington. At his arraignment on August 7, 1944, he pleaded not guilty, the public defender was appointed to represent him, and the cause was set for trial on October 10, 1944. On October 5, 1944, at the request of John Hill, the deputy public defender assigned to represent the defendant, the date of the trial was reset for October 23d. On October 23, 1944, the defendant withdrew his plea of not guilty. Upon rearraignment he pleaded guilty and the court proceeded to hear evidence to determine the degree. The defendant admitted that he killed the deceased and attempted to demonstrate that it was an accident. The trial court discredited his explanation, found him guilty of murder in the first degree and imposed the death penalty. On appeal this court affirmed the judgment

(People

v.

Mendez

[September 25, 1945], 27 Cal.2d 20 [161 P.2d 929]). On November 9, 1945, the defendant was re-sentenced and his execution was set for February 1, 1946. This petition for a writ of error

coram nobis

was then filed in the superior court. The defendant was taken to Los Angeles from San Quentin and hearings were held on January 9, 10, and 11, 1946, at the conclusion of which the order from which this appeal was taken was made.

Two contentions are made on appeal; First, that the

[688]

trial court committed prejudicial error in refusing to set aside the plea of guilty and vacate the judgment. In passing upon the petition for the writ of error

coram nobis