Goodspeed

This is an appeal by the People from an order granting defendant Harold Wayne Goodspeed a writ of error coram nobis.

On November 3, 1961, defendant was charged in an information (case No. 58990) with a violation of section 11500 of the Health and Safety Code on September 21, 1961 (possession of heroin) and in a second count with a violation of section 11530 of said code on the same date (possession of marijuana). On November 3, 1961, defendant and three other persons were charged in a separate information (case No. 59051) with a violation of section 11500 on October 6, 1961 (possession of morphine) and in a second count with a violation of section 11530 (possession of marijuana). After a court trial defendant was convicted on both counts in ease No. 58990 and on both counts in case No. 59051 and on April 16, 1962, sentenced in each ease on each count to the state prison, the sentences in No. 58990 to run concurrently as to each count and concurrently as to the sentence on each count in No. 59051 and the sentences in No. 59051 to run concurrently as to each count and concurrently as to the sentence on each count in No. 58990. Defendant took no appeal.

It is not disputed that at…