People v. Ynostroza

WOOD (Parker), J.

Appeal from an order denying petition for writ of error

coram nobis.

Defendant was charged with violation of section 11500 of the Health and Safety Code, in that he unlawfully had in his possession flowering tops and leaves of Indian Hemp. At all proceedings in court he was represented by an attorney at law. At the arraignment he pleaded not guilty. On the date the case was set for trial he pleaded guilty. He was sentenced to imprisonment in the penitentiary.

About two months after he had been sentenced, he filed in the trial court a petition for a writ of

coram nobis,

which

[333]

petition stated in'part as follows: That his attorney “through coercion, fraud, pressure and duress” induced him to withdraw his plea of not guilty and to plead guilty; that defendant was not guilty of the crime charged, and he would have been able to establish his innocence if the matter had been tried on its merits. In his affidavit in support of said petition he stated in part as follows: That he was arrested at home; about two hours before he was arrested he had left his wife’s ear at a nearby garage to be repaired; the officers took him to the garage and “pulled out of the ear an inner tube” containing marijuana and accused him of owning the marijuana; he denied the accusation; he at all times stated to his attorney that he was not guilty; at the time set for the trial the judge who usually presided in said department of the court was on vacation and another judge was presiding; his attorney told him that because he had been a defendant in the “Sleepy Lagoon case” it would be better for defendant, although he was not guilty, to plead guilty before the judge then presiding and he would probably receive a suspended sentence; that he replied that he was innocent and he would prefer to let the court decide the case; his attorney then insisted that he plead guilty, and if he did not plead guilty he would no doubt be punished very severely if he were found guilty; that through the pressure, insistence and demands of his attorney he was induced to plead guilty when in truth he was not guilty; that the transcript of the preliminary examination shows that the car in which the marijuana was found was out of the possession of defendant at least two hours, that during that time many persons entered the garage premises, that the car was parked on a lot outside the garage and anyone could have placed the marijuana therein; he related said facts to his attorney, but the attorney kept insisting that he plead guilty; the car belonged to his wife; the officers threatened to arrest his wife and entire family unless he admitted that the marijuana belonged to him; he would not have pleaded guilty if he had not been induced by the coercion, fraud and duress practiced upon him by his attorney.