Wiedersperg

On this appeal from an order denying a petition for writ of error coram nobis defendant contends that the trial court erred in its holding that it did not have jurisdiction to entertain the petition. We agree and remand the cause to the trial court for its consideration of the merits.

On December 20, 1973, defendant Stefan Wiedersperg, through counsel, filed a petition for writ of error coram nobis and a notice of motion to vacate judgment in San Francisco Superior Court. The petition and supporting declaration alleged in substance as follows: On August 26, 1968, defendant was found guilty of possession of marijuana. The issue of guilt had been submitted on the transcript of the preliminary hearing. He was fined $100, and placed on three years probation. On December 3, 1969, defendant’s motion for expungement of the record and conviction was granted, pursuant to section 1203 4 of the Penal Code. At the time of the 1968 proceedings defendant’s attorney did not know, and had no reason to know, that defendant was an alien born in Austria. He had been in this country since the age of 10, when he entered with his parents in 1957, and he had no outward appearances of not…