Serrano

This is a motion on behalf of appellant Jesus Soloman Serrano in the nature of a petition for a writ of error cor am nobis (Pen. Code, § 1265) to vacate the judgment convicting him of violating section 11500, Health and Safety Code. His conviction was affirmed in April 1960 by this court in 180 Cal.App.2d 243 [ 4 Cal.Rptr. 470 ].

The motion is on the theory that his conviction was based on the perjured testimony of his codefendant and cousin Juan and was therefore obtained in violation of his constitutional rights.

Appellant was represented on appeal by counsel who tried the case. On appeal he made two contentions: (1) entrapment; and (2) insufficient corroboration of the testimony of his asserted accomplice, his cousin Juan. The latter, however, did not appeal.

Appellant was sentenced to the penitentiary. He has been released therefrom and deported to Mexico.

In support of his motion appellant submits a 23-page affidavit of his cousin Juan who now says that he perjured himself; that Jesus was innocent; and that Jesus was unaware that a package he delivered to the undercover narcotics agent contained heroin. Juan explains that he testified falsely against Jesus because all…