People v. Lempia

WHITE, P. J.

This is an appeal from an order denying appellant’s petition for a writ of error

coram nobis,

writ of

audita querela,

writ of habeas corpus, writ of certiorari, and recall of remittitur.

The record reveals that on December 3, 1951, in the Superior Court of Los Angeles County, an information was filed charging appellant with a violation of section 11500 of the Health and Safety Code of California, and alleging two prior felony convictions.

On December 5, 1951, accompanied by counsel, appellant appeared in said superior court and entered his plea of not guilty. On February 11, 1952 appellant with his counsel, appeared before the court, withdrew his plea of not guilty and entered a plea of guilty to the charge made against him in the information. On motion of the district attorney each allegation of prior conviction was stricken from the record. On March 19, 1952, appellant’s application for probation was denied, judgment was pronounced and he was sentenced to state prison. No appeal was taken from the judgment.

On June 20, 1955, appellant filed his petition above referred to, and also his notice of appeal from the denial thereof. The petition was denied and the notice of appeal attached thereto was ruled premature on July 15, 1955. On July 29, 1955, appellant filed his notice of appeal.

[396]

As a basis for Ms aforesaid petition appellant alleges that:

“1. His plea of guilty was made through mistake, ignorance, inadvertence and overreaching of his free will.

“2.

The evidence used against him was procured by the arresting officers through use of force and fear.”

Prom a reading of the record and briefs herein it appears to us that this is an appeal from the order denying appellant’s petition for a writ of error

coram nobis