People v. Ray

FOURT, Acting P. J. This is an appeal from an order denying the defendant's petition for a writ of error coram noMs and an appeal from an order denying a rehearing.

In an information filed in Los Angeles County on April 1, 1941, the defendant was charged in Count One through Three, Five, Seven and Eight with the crime of robbery while armed with a concealed deadly weapon, namely a revolver. In Counts Four and Six the defendant was charged with the crime of kidnapping for the purpose of robbery while armed with a concealed deadly weapon, namely a revolver. In Count Nine the defendant was charged with the crime of assault with a deadly weapon with the intent to commit murder while armed with a concealed deadly weapon, namely a revolver.

It was also charged in the information that the defendant had previously been convicted of two felonies and that he had served a term in prison for each of such offenses, the first of such prior conviction being for robbery in Utah about October 26, 1926, and the second for robbery in California about February 27, 1931.

The defendant was represented by the public defender and entered a plea of not guilty and denied the prior convictions on or about April 9, 1941. On May 23, 1941, in open court and while represented by the public defender, the defendant withdrew his plea of not guilty as to Counts One, Two and Nine, entered a plea of guilty thereto and admitted to being armed at the time of the commission of each of the offenses as set forth in each of the said counts. The defendant also admitted the prior convictions and to the serving of a prison term for each of such prior convictions.

The court found the robbery to be in the first degree in each of Counts One and Two. The defendant waived time for passing sentence. The judge sentenced the defendant to the state prison on each count. The sentence as to Count Two was ordered to run consecutively with the sentence in Count One and the sentence as to Count Nine was ordered to run consecutively with the sentence in Count One and with the sentence in Count Two. The judge also found the defendant to be and adjudged him an habitual criminal. The remaining counts of the information, namely Counts Three, Four, Five, Six, Seven and Eight were dismissed.

[235]On February 11, 1958, the defendant filed in the Superior Court in Los Angeles County a petition for a writ of error coram nobis. On March 19, 1958, the petition was denied upon the grounds of an unreasonable delay in the filing thereof. On April 13, 1958, the defendant filed a petition for a rehearing. No new grounds were set forth or alleged in the petition for a rehearing. The petition for such rehearing was denied on April 14, 1958. A notice of appeal dated April 18, 1958, was filed by the defendant on April 21, 1958.