Maston

These are appeals from orders denying defendants’ petitions for writs of error coram nobis.

On December 19, 1960, the Grand Jury of the County of Santa Barbara returned indictments charging these two appellants, as well as another defendant, in five counts with kidnaping in violation of Penal Code, section 207 (Count One), kidnaping for the purpose of robbery in violation of Penal Code, section 209 (Count Two), robbery in violation of Penal Code, section 211 (Count Three), rape in violation of Penal Code section 261, subdivisions 3 and 4 (Count Four), and theft of an automobile in violation of Penal Code, section 487, subdivision 3 (Count Five). As to each count, it was alleged that defendants were armed with a deadly weapon, to wit, a shotgun.

The reporters’ transcripts of the proceedings on January 31, 1961, reveal that on that date, the appellants herein, while represented by counsel, moved to withdraw their pleas of not guilty previously made to Count Two of the indictment (violation of Pen. Code, § 209), and that the appellants personally made a request to enter a plea of guilty to that count, with the stipulation that at the time of the commission of the offense they were…