Vaughn

Defendant has appealed from an order denying his application for a writ of coram nobis. On December 15, 1964, the defendant, with counsel, entered his plea of guilty to two counts of a seven-count amended complaint which had charged him with violations of the provisions of subdivision 1 of section 261 and of sections 285, 288 and 288a of the Penal Code, in connection with acts involving his daughter. The charges of incest (Pen. Code, § 285) and rape (Pen. Code, §261, subd. 1), to which he pleaded guilty were certified to the superior court, and the remaining counts were dismissed. A hearing was held pursuant to the provisions of section 5500 et seq. of the Welfare and Institutions Code and the court found that defendant was a mentally disordered sex offender, but that he would not benefit from treatment in a state hospital. Thereafter, on January 18, 1965 defendant was sentenced to imprisonment in the state prison.

On September 28, 1965 the defendant filed his original application for a writ of error corami nobis. Thereafter, the proceedings recounted in People v. Vaughn (1966) 243 Cal.App.2d 730 [ 52 Cal.Rptr. 690 ], to which reference is hereby made, ensued. By the terms of…