Lampkin
People v. Lampkin
Opinion
Opinion
Files, J.
On November 10, 1965, appellant was sentenced to state prison following his plea of guilty of the offense of manslaughter (Pen. Code, § 192). There was no valid appeal from the judgment.
On January 23, 1967, appellant filed in the superior court a petition for writ of error coram nobis. The judge who had heard the earlier proceedings considered the petition and, without formal hearing, made a minute order denying it. This appeal is from that order.
A petition for coram nobis does not open the entire criminal proceeding for review. In People v. Shipman, 62 Cal.2d 226, 230 [ 42 Cal.Rptr. 1 , 397 P.2d 993 ], the Supreme Court said: “The writ of coram nobis is granted only when three requirements are met. (1) Petitioner must ‘show that some fact existed which, without any fault or negligence on his part, was not presented to the court at the trial on the merits, and which if presented would have prevented the rendition of the judgment.’ [Citations.] (2) Petitioner must also show that the ‘newly discovered evidence . . . [does not go] to the merits of issues tried; issues of fact, once adjudicated, even though incorrectly, cannot be reopened except on motion for new trial.’…