Sumner

On November 12, 1965, the District Attorney of Los Angeles County charged defendant with kidnapping and three violations of section 288a of the Penal Code. With respect to each of the latter charges it was also alleged that the act was done “by force, violence, duress, menace and threats of great bodily harm.” Two prior felonies—escape and burglary—were also charged. After pleading not guilty and denying the priors, defendant eventually pleaded guilty, to one of the 288a counts. The priors and the allegation with respect to force, etc., were stricken. On February 16, 1966, he was sentenced to state prison and the remaining counts were dismissed. On July 27, 1966, he filed a petition for a writ of error coram nobis which was denied the same day. Notice of appeal was filed on August 2, 1966. At defendant’s request we appointed Bertram H. Ross, Esq., to represent him on the appeal. Mr. Ross thereafter filed an application to be permitted to withdraw. In the application counsel reviews the procedural facts of the case, states his conclusion that the petition below does not state facts which would entitle defendant to relief by way of writ of error coram nobis and asks to be relieved.…