People v. Mabry — 236 Cal. App. 2d 402

Majority

p. 402

[Crim. No. 2146.

Fourth Dist.

Aug. 6, 1965.]

THE PEOPLE, Plaintiff and Respondent, v. TERRY MABRY, Defendant and Appellant.

Terry Mabry, in pro. per., for Defendant and Appellant.

Thomas C. Lynch, Attorney General, and William E. James, Assistant Attorney General, for Plaintiff and Respondent.

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

p. 403

wife). 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.

Cases cited

People v. Trout 54 Cal.2d 576 Cal. 1960-08-09 p. 402
People v. Ayala 138 Cal.App.2d 243 Cal. Dist. Ct. App. 1955-12-30 at 246 p. 403
People v. Adamson 34 Cal.2d 320 Cal. 1949-09-29 at 327, 338 p. 403

Statutes and regulations cited

Penal Code
- § 496 p. 402