People v. Grimes CA2/7

Filed 8/9/16 P. v. Grimes CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, B263545

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. A565934) v.

GERALD RICHARD GRIMES,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Stanley Blumenfeld, Judge. Affirmed.

Sally Patrone Brajevich, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Steven D. Matthews and Ryan M. Smith, Deputy Attorneys General, for Plaintiff and Respondent.

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INTRODUCTION

Gerald Richard Grimes appeals from the trial court’s denial of his petition for writ of error coram nobis. Because the trial court did not abuse its discretion in denying the petition, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. Grimes’s Plea and Sentencing In March 1984 the People charged Grimes with attempted first degree burglary 1 2 (Pen. Code, §§ 459, 664), grand theft (§ 487, former subd. (1)), and first degree burglary (§ 459). In August 1984 the People charged Grimes with robbery (§ 211). On December 20, 1984 Grimes, represented by counsel, pleaded no contest to all charges in both cases. At the time he entered his plea, Grimes was advised of his constitutional rights and the nature and consequences of his plea, which he stated he understood. At the sentencing hearing in March 1985, the trial court, Hon. Gilbert C. Alston, indicated that Grimes was amenable to formal probation. Based on a diagnostic study report and a probation report, the court exercised its limited discretion under section 462 to grant probation.3 The court suspended imposition of sentence and placed Grimes on five years of formal probation on each count, on condition he serve 365 days in county jail with credit for time served.