People v. Bates

WHITE, P. J. Defendant filed this petition for a writ of error coram nobis in the Superior Court of Los Angeles County. Because the judgment rendered herein had been affirmed by this court (People v. Bates, 126 Cal.App.2d 144 [752][271 P.2d 968]), the petition was transmitted to this court for consideration (Pen. Code, § 1265).

After trial before a judge of the Superior Court of Los Angeles County, defendant was convicted of two counts of first degree robbery. He admitted a prior conviction of the crime of grand larceny for which he served a term of imprisonment in the penitentiary of the state of Virginia. After commission of the crimes charged against him in California, he went to Louisiana and was there convicted of armed robbery. Upon his release from the Louisiana penitentiary he was returned to Los Angeles for trial. Following his conviction and denial of his motion for a new trial defendant was sentenced to state prison.

From the judgment of conviction and the order denying his motion for a new trial he prosecuted an appeal to this court on the sole ground that the evidence was insufficient to support the finding of guilt. On June 22, 1954, both the judgment and the order were affirmed (People v. Bates, supra).

In his petition now before us, defendant again challenges the sufficiency of the evidence to establish his guilt beyond a reasonable doubt. He makes the further claim that the attorney whom he employed to defend him at the trial (now deceased) “failed, neglected or refused to give proper and adequate representation and protection of your affiant’s rights in that he failed and refused to ask for and secure a jury trial which your affiant demanded . . ..”

It is also alleged that said attorney “failed, and neglected and refused to make the necessary motions and objections to protect his (affiant’s) rights . . that his attorney failed to obtain the presence of his witnesses to testify for defendant, and otherwise failed to properly represent the accused. He also charges prejudicial misconduct on the part of the trial judge and the deputy district attorney. Error is also claimed because of the allegation charging defendant with the aforesaid prior conviction (which he admitted at the trial).

Defendant’s petition is totally insufficient to warrant issuance of the writ prayed for. As was said in People v. Martinez, 88 Cal.App.2d 767, 771 [199 P.2d 375] :