Quigley

[1] Robert Lee Quigley appeals from an order denying his motion to vacate a previous judgment finding him guilty of involuntary manslaughter for which he is serving a term of imprisonment. As no contention is made that the judgment in the criminal case was wholly void (People v. Hoffman, 132 Cal.App.60 [ 22 P.2d 229 ]; People v. McGee, 1 Cal.2d 611 [ 36 P.2d 378 ]; People v. Ramirez, 139 Cal.App. 380 [ 33 P.2d 848 ]; Fricke, California Criminal Procedure (5th ed. 1959) p. 189), this motion is properly treated as an application for a writ of error coram nobis. (People v. Painter, 214 Cal.App.2d 93, 96 [ 29 Cal.Rptr. 121 ]; People v. Dowding, 185 Cal.App.2d 274, 276 [ 8 Cal.Rptr. 208 ].)

On June 29, 1962, the defendant, represented by the Public Defender of Stanislaus County, was granted permission at his own request, by David F. Bush, the judge presiding, to withdraw his plea of not guilty of murder as charged in the indictment; he thereupon entered a plea of guilty to the lesser and included offense of involuntary manslaughter (Pen. Code, 192, subd. 2), and on June 29, 1962, was sentenced to state's prison; he did not move for a new trial or appeal from the…