People v. Williams

DRAPER, J.

Defendant pleaded guilty to violation of Penal Code, section 12021—possession of a concealable firearm by one who has been convicted of a felony. He filed notice of appeal, and thereafter filed in this court a document entitled “Petition for Writ of Error Coram Nobis.” By order dated June 17,1959, we denied the petition for writ, but ordered that the document be considered as his opening brief on appeal. He has filed no further brief, the appeal has been calendared and submitted and is now before us for decision.

A judgment entered on a plea of guilty is not appeal-able on the merits, and we can review only such irregularities as go to “the jurisdiction or legality of the proceedings.”

(Stephens

v.

Toomey,

51 Cal.2d 864, 870 [338 P.2d 182].)

Although this proceeding was commenced in the city and county of San Francisco, the offense actually was committed in San Mateo County. However, San Francisco had jurisdiction if the offense was committed within 500 yards of the common boundary lines of the two counties. (Pen. Code, § 782.) At the preliminary hearing, an assistant city engineer testified that the motel where the gun was found was entirely within 1,500 feet of the boundary line. The public defender moved to strike this testimony on the ground that “no proper foundation has been laid. ’ ’ While detailed qualification of the witness had not been shown, he had identified himself as an assistant city engineer. Restrictive rules are not rigidly applied to evidence establishing a county boundary.

(People

v.

Velarde,

59 Cal. 457, 459.) In any event, there was no prejudice, since the location was adequately established by a United States Coast and Geodetic Survey map introduced in evidence

(City of Oakland

v.

Wheeler,

34 Cal.App. 442, 451 [168 P. 23]), and by testimony of a police officer

(People

v.

Ford,