People v. Tapia

BROWN (R. M.), J.

In April 1964 the appellant filed a petition for a writ of error

coram nobis

in the Superior Court of Fresno County, seeking to set aside his 1961 conviction for violation of section 11500 of the Health and Safety Code. This petition was denied by the trial court, and the appellant appeals from that order.

On July 7, 1964, this court granted permission for the filing of a belated appeal, and pursuant to appellant’s request, counsel was appointed to represent him on this appeal.

While in the county jail on another charge of violating section 11721 of the Health and Safety Code as a user or addict of narcotics, notice of a package arriving from Calexico, California, at the Greyhound Bus Depot was received at the address of appellant’s brother and sister-in-law, where appellant had also been living. This sister-in-law, who speaks little English, was arrested when she picked up the package which contained one ounce of heroin, she later stating that she thought it had clothing in it. After being taken into custody by the officers, the sister-in-law claimed that she was picking up the package for her brother-in-law, the appellant. On his arrest report, the appellant admitted that he sent $200 to Calexico, “and a party from there mailed the narcotics to him.”

Thereafter, on February 6, 1961, the appellant pled guilty to an information which charged him with violation of section 11500 of the Health and Safety Code, and admitted four prior convictions—three, involving section 11500, and one, section 11721, of the Health and Safety Code—and that he had served the terms in the state prison.

Throughout the hearing he was advised of his rights to have an attorney represent him but he declined such services and stated, “I am ready to plead, and I want to waive probation. I want to get my sentence. ’ ’ The court asked him if there had been any promises or any forcing to cause him to plead guilty, and he replied that this was his own idea, that no one had

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talked to him, and that it was also his own idea to ask for immediate judgment and to waive any referral to the probation officer. He was thereupon sentenced to state prison.