People v. Jones

BARNARD, P. J.

The defendant and one Richard R. Cardwell were jointly charged with violations of the Health and Safety Code. Jones was charged in two separate counts with selling a narcotic, and with a prior conviction of possession of narcotics. He pleaded not guilty and admitted the prior conviction. A jury found him guilty as charged, his

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motion for a new trial was denied, and judgment was pronounced sentencing him to prison on November 21, 1956. No appeal was taken from the judgment or from the order denying his motion for a new trial.

On January 15, 1957, Jones filed in the superior court a document in which he stated that he moved the court to vacate and set aside “that certain Judgment, and grant motion for the issuance of the writ of cor-um nobis, error corwm bogus.” In this document he asserted that he was denied his constitutional rights in that he was not represented by an attorney of his own choosing; that the failure of the court to dismiss his last court-appointed attorney at the trial of the action was a violation of his rightsthat his “legal right of having my witnesses according to law, was denied me by my lawyer”; and that he was denied the right to make a motion for a new trial. At the time set for the hearing of this application the court denied the petition and the defendant has appealed from that order.

The appellant and the said Cardwell were tried at the same time, although judgment as to each of them was rendered on a different date. Cardwell also applied for a writ of error

coram nobis

in the superior court and he appealed from the order denying the same.

(People

v.

Cardwell,

153 Cal. App.2d 377 [314 P.2d 484].) Most of the points raised in the application here involved, and on this appeal, were raised on that appeal and for obvious reasons were not sustained. Those matters could have been raised on a timely appeal from the judgment, or in connection with the motion for new trial, and are not matters coming within the limited scope of the writ of error