People v. Buzzie

BARNARD, P. J.

Appeal from an order denying a petition for a writ of error

coram nobis.

The appellant was charged with burglary and, in a second count, with assault with intent to commit murder. An attorney was appointed to represent him. An amended information was filed adding charges of three prior convictions of burglary, one in this state and two in other states. When appellant denied the

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priors his attorney was permitted to withdraw, and the court appointed another able and experienced attorney to represent him. Thereafter the appellant admitted the prior convictions. A jury found him guilty of burglary in the first degree and, on the second count, guilty of assault by means of force likely to produce great bodily injury. His motion for a new trial was denied, it was adjudged that he was not an habitual criminal, and he was sentenced to prison on each count, the sentences to run concurrently. Judgment was pronounced on January 23, 1951, and no notice of appeal was given.

On June 22, 1953, the appellant filed an application for a “writ of coram nobis” in the trial court. This appeal is from the order denying that application. After appellant had filed an opening brief, he requested this court to appoint counsel for him. Counsel thus appointed has filed an additional brief.

The appellant contends that the information filed against him was faulty in that the assault count did not clearly set forth the means by which the alleged crime was committed; that his trial was incompetently handled by his appointed counsel; that he was placed in double jeopardy in that the alleged assault was relied on as an element of both counts; that he was denied a speedy trial; and that he was fraudulently induced to admit the prior offenses in that he was told that if he admitted them they would not be referred to during the trial, whereas the district attorney brought it to the attention of the jury by asking him if he had ever been convicted of a felony.

All of these matters were known at the time, could have been raised upon an appeal, and none of them would justify the granting of the writ applied for.