People v. Evans

KAUFMAN, P. J.

Appellant, in propria persona, appeals from an order denying his motion to withdraw a former plea of guilty. He argues that his motion should have been granted

[333]

because: (1) His plea was induced by fraud and coercion; (2) certain evidence was improperly introduced at the preliminary hearing; (3) the prior conviction charged in the information is not true. There is no merit in any of these contentions.

The record reveals that the appellant was charged by information with a violation of section 11500 of the Health and Safety Code and with a prior conviction for a misdemeanor, violation of section 11500 of the Health and Safety Code. On November 19, 1958, appellant pleaded guilty to the charges of the information. On December 15, 1958, he was sentenced to the state prison for the term prescribed by law. No appeal was taken from the judgment. In April, 1960, defendant filed his motion in the superior court to withdraw his former plea of guilty. This appeal is from the order denying this motion.

Appellant’s motion is in the nature of and subject to the rulings governing an application for a writ of error

coram nobis. (People

v.

Adams,

100 Cal.App.2d 841 [224 P.2d 873];

People

v.

Schwarz,

201 Cal. 309 [267 P. 71].) The purpose of the writ 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.

(People

v.

Adamson,

34 Cal.2d 320 [210 P.2d 13].) The applicant for a writ must show that the facts on 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 a writ.