People v. Tarin

DORAN, J.

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

coram nobis.

Appellant appears in propria persona.

Defendant was charged with the possession of heroin. As recited in respondent’s brief, “defendant with counsel present, entered a plea of ‘Guilty as charged in the information.’ Probation was denied and, no legal cause appearing why judgment should not be pronounced, judgment was pronounced and defendant was sentenced to the State Prison for the term

[400]

prescribed by law, the Terminal Island Facility being recommended.

“Judgment was entered on October 3, 1952 and no appeal was taken from the judgment entered on defendant’s guilty plea.

“More than three years after entry of judgment, on October 25, 1955, defendant filed in the Superior Court of the State of California, in and for the County of Los Angeles, a document entitled, ‘Petition por Writ op Error Coram Nobis, Writ op Habeas Corpus, Writ op Certiorrari and for the Order to Show Cause Why the Writ or Writs Should Not Be Granted. ’

“In the ‘Petition’ defendant recited that he had been paroled on October 13, 1953, and that parole was revoked on August 4,1955.

‘ ‘ Grounds Stated in the Petition

“As ‘grounds’ for issuance for the requested relief defendant contended:

“1. That he was ‘forcibly restrained without his consent upon illegal entry of his private domicile’;

“2. That his plea of guilty was ‘coerced’ in that he was ‘forced to withstand an ordeal of some (60) days in the jail tanks handicapped by an infected eye’; and

“3. That the Adult Authority ‘violated the petitioner and aggravated a new charge using it as a prior. ’

“No reason was stated by the defendant in his application why he waited over three years to file his petition. Further, no affidavits or other proof was offered in support of the charge of ‘coercion’ or of any of the other grounds alleged.”