California Courts of Appeal, 1965

People v. Mabry

California Courts of Appeal · Decided August 6, 1965 · Brown, Gerald

236 Cal. App. 2d 402; 46 Cal. Rptr. 92; 1965 Cal. App. LEXIS 833

Cases that cite this one

2 later published cases cite this decision.

People v. Williams (Cal. Ct. App. 1965)
People v. Williams (Cal. Ct. App. 1965)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

BROWN (Gerald), P. J.

This is an appeal from an order of the trial court denying a writ of error coram nobis. This court’s offer to appoint counsel upon appeal was refused by defendant.

Defendant contends his conviction for receiving stolen property (Pen. Code, § 496) was based solely on a plea of guilty which was procured by coercion and duress, and violated due process as in People v. Trout, 54 Cal.2d 576 [6 Cal.Rptr. 759, 354 P.2d 231, 80 A.L.R.2d 1418], (confession obtained by improper police pressure on accused via his *403wife). Defendant, represented by counsel, pleaded guilty in January I960; no appeal was taken from the judgment. In August 1964, the petition for writ of error coram nobis was filed.

“Coram nobis is not the proper vehicle for vindicating constitutional rights; that is a function of motion for new trial, appeal or habeas corpus (People v. Adamson, supra, at page 327.)” (People v. Ayala, 138 Cal.App.2d 243, 246 [291 P.2d 517].) See People v. Adamson, 34 Cal.2d 320, 327, 338 [210 P.2d 13].

The order is affirmed.

Coughlin, J., and Whelan, J., concurred.

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