People v. Ryan

PEEK, J.

This is an appeal from an order of the trial court denying defendant’s motion to set aside a judgment of that court and his petition for a writ of error

coram nobis.

None of the contentions made by defendant are well founded, hence the conclusion of the trial court must be sustained.

The record before this court shows that by a complaint filed in the Justice Court of Modesto Township defendant was charged with issuing bank checks with intent to defraud. At the preliminary hearing in said justice court the defendant expressed a desire to take the stand and testify; the court

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admonished him that any statement that he might make or testimony he might give would be used against him in the event he was held to answer in the superior court. The defendant acknowledged that fact, stating that he understood the same but that he still desired to testify. He thereupon took the stand and admitted writing three checks on a Merced bank, at which bank he had no account or arrangements made for credit. He also admitted that he had suffered a prior conviction for the crime of robbery in the State of Texas and had served a sentence therefor in the Texas state penitentiary. He was thereupon held to answer in the superior court.

Thereafter an information was filed in the superior court charging defendant with three counts of issuing checks with intent to defraud. Upon his arraignment in the superior court defendant was advised of his rights, to which he replied that he did not want an attorney, that he “would just like to plead guilty and get it over with.” Following his waiver of time for pronouncement of sentence judgment was entered sentencing him for the term prescribed by law on each count in the information, said sentences to run concurrently. No appeal was taken from that judgment.

Subsequently" defendant made a motion for the records in his case, which motion apparently was granted. He next moved to set aside and vacate the judgment and filed a petition for a writ of error

coram nobis.

A counteraffidavit filed by the district attorney of Stanislaus County specifically denied the allegations of the petition. Following the denial of defendant's motions he appealed to this court.