Fasanella

We deal here with the problems arising out of an order made by a federal judge upon the petition of a prisoner who was convicted of two felonies more than 10 years ago. The procedural facts will first be stated chronologically.

In Los Angeles Superior Court case 195992, on February 4, 1958, defendant pleaded guilty to the offense of attempted burglary. On July 3, 1958, proceedings were suspended and probation was granted for a period of three years. On December 6, 1960, probation was revoked by reason of defendant’s conviction of another felony and defendant was sentenced to state prison.

In Los Angeles Superior Court case 232402, after a court trial, defendant was convicted of possession of heroin, a Violation of Health and Safety Code section 11500. On December 6,1960, he was sentenced to state prison.

No timely appeal was taken in either case. So far as the records of the superior court show, defendant had no communication with that court on any subject until 1964, when he wrote to the clerk to inquire whether a petition for writ of error coram nobis had been received from him in July 1961. The clerk replied that there was no record of it.

On December 28, 1964,…