People v. Ayala

138 Cal.App.2d 243 (1955) 291 P.2d 517 THE PEOPLE, Respondent,

v.

ROBERT ROLAND AYALA, Appellant.

Docket No. 5478. Court of Appeals of California, Second District, Division Two.

December 30, 1955. [245] Robert Roland Ayala, in pro. per., for Appellant.

Edmund G. Brown, Attorney General, William E. James, Deputy Attorney General, Roy A. Gustafson, District Attorney (Ventura County) and Burt M. Henson, Deputy District Attorney (Ventura County), for Respondent.

ASHBURN, J. pro tem.[*]

The instant appeal is another contribution to the swelling stream of applications for writ of error coram nobis which engage the attention of the courts. It is presented in propria persona.

Defendant was charged in count I of an amended information with violation of section 266h of the Penal Code, soliciting for a known prostitute, and in count II with violation of said section through receiving compensation for soliciting for a known prostitute. He was charged also with a prior conviction of a felony, violation of section 4573 of the Penal Code, namely, bringing narcotics into a penal institution. He pleaded guilty to count I of the information and count II was dismissed on motion of the district attorney. In due course he was sentenced to the state prison. No appeal was taken from the judgment. He soon filed in the superior court a petition for writ of error coram nobis, hearing thereon was had, the petition was denied and petitioner now appeals from the order of denial.

[1] It would be a salutary thing if the applicants for this writ could be made to understand its narrow scope. It does not [246] lie to correct errors of law made at the trial. [2] "Its purpose is to secure relief, where no other remedy exists, from a judgment rendered while there existed some fact which would have prevented its rendition if the trial court had known it and which, through no negligence or fault of the defendant, was not then known to the court. [Citing cases.] [3] The applicant for the writ `must show that the facts upon which he relies were not known to him and could not in the exercise of due diligence have been discovered by him at any time substantially earlier than the time of his motion for the writ; otherwise he has stated no ground for relief.' (People v. Shorts (1948), 32 Cal.2d 502, 513 [197 P.2d 330].)" (People v. Adamson, 34 Cal.2d 320, 326 [210 P.2d 13].) To the same effect are People v. Krout, 90 Cal. App.2d 205, 208 [202 P.2d 635]; People v. Knight, 73 Cal. App.2d 532, 535 [166 P.2d 899]; People v. Martorana, 118 Cal. App.2d 332, 335 [257 P.2d 998]; People v. Smith, 108 Cal. App.2d 696, 699 [239 P.2d 466]. [4] Coram Nobis is not the proper vehicle for vindicating constitutional rights; that is a function of motion for new trial, appeal or habeas corpus. (People v. Adamson, supra, at page 327.) [5] Nor is this proceeding "a catch-all by which those convicted may litigate and relitigate the propriety of their convictions ad infinitum. In the vast majority of cases a trial followed by a motion for a new trial and an appeal affords adequate protection to those accused of crime. The writ of error coram nobis serves a limited and useful purpose. It will be used to correct errors of fact which could not be corrected in any other manner. But it is well-settled law in this and in other states that where other and adequate remedies exist the writ is not available." (People v. Martinez, 88 Cal. App.2d 767, 774 [199 P.2d 375].) Accord: People v. Martinelli, 118 Cal. App.2d 94, 96 [257 P.2d 37].