People v. O'Malley

SPENCE, J.

This is an appeal by defendant from an order denying his petition for a writ of error

coram nobis

and denying his motion to vacate the judgment of conviction.

On March 30, 1942, defendant was sentenced to imprisonment in San Quentin upon his plea of guilty to the charge of grand theft. His above mentioned petition and motion were not filed until September, 1943. Affidavits of defendant and others were filed therewith. Defendant claimed among other things that he had entered his plea of guilty by reason of “threats, coercion, misstatements, misrepresentations, wrongful persuasion, duress and intimidations of Inspector John Cannon and Assistant District Attorney Harmon Skillin’’ and that defendant had thereby been deprived of his right to a trial by jury. The trial court held a hearing at which both the inspector and the assistant district attorney were sworn and examined. The trial court denied defendant’s petition and motion, whereupon defendant took this appeal.

Defendant states his contentions on this appeal as follows, first, “Writ of eoram nobis is proper procedure in this case,” and second, “Petition uncontroverted — insufficient

[648]

counter showing.” In support of his first contention, defendant cites and relies upon

People

v.

Reid,

195 Cal. 249 [232 P. 457, 36 A.L.R. 1435];

People

v.

Mooney,

178 Cal. 525 [174 P. 325];

People

v.

Butterfield,

37 Cal.App.2d 140 [99 P.2d 310];

In re Sargen,