People v. MacFadden

BARNARD, P. J. This is an appeal from an order denying a motion to vacate the judgment, in effect an application for a writ of error coram nobis.

[132]The defendant was charged with a violation of section 288a of the Penal Code, alleged to have been committed on or about September 18, 1951. He was represented by the public defender, and pleaded guilty on October 11, 1951. In connection with sexual psychopath proceedings he was placed for a time in Norwalk State Hospital for observation, report and recommendation. The hospital reported to the court that in the opinion of the hospital staff the defendant would not benefit by treatment in a state hospital, and it was recommended that he be placed in a penal institution. On February 15, 1952, judgment was pronounced sentencing him to imprisonment in the state prison for the term prescribed by law. No motion for a new trial was made and no appeal was taken from the judgment.

A purported petition for “Writ of Error” was filed by the appellant in May, 1954, which was denied on May 21, 1954. On June 7, 1954, a motion to vacate the judgment was filed. The matter was set for hearing for August 20, 1954, and the court appointed the public defender to represent the defendant. The matter was submitted, on the pleadings and the affidavits and counteraffidavits which had been filed, and the motion was denied on August 27,1954. The defendant filed notice of appeal from the judgment entered on February “18,” 1952; from “the denial of a writ of error rendered” on May 21, 1954; and from “a second final judgment also rendered ... on August 20, 1954 upon the same Writ of Error (Coram Nobis).”

It is somewhat difficult to segregate and identify definite contentions from the mass of irrelevant and immaterial matter which the appellant has presented and asked the court to •consider on this appeal. To the best of our understanding he contends, with respect to the original trial and judgment, that the information was invalid in that it was not specific as to date and place because it alleged that the offense was committed “on or about September 18, 1951, in the County of Riverside”; that the evidence was not sufficient to support the judgment; that the court was without jurisdiction to sentence him to prison since no evidence was presented as a defense to the charge; that the record falsely states that the court instructed him as to his rights at the time of the arraignment; that he was denied the right to speak out in protest at the time he was sentenced; that the court had no power to try the defendant without proceeding at the same time against the other party to the incident in question;