Chaklader

People v. Chaklader

Good Law
1994 Cal. App. LEXIS 354·24 Cal. App. 4th 407·29 Cal. Rptr. 2d 344·94 Daily Journal DAR 5501·94 Cal. Daily Op. Serv. 2932
Court of Appeal of CaliforniaApril 25, 1994B074233California1,923 words

Opinion

Opinion

Acting, J.

Appellant Subir Chaklader appeals (Pen. Code, § 1237, subd. (b)) from an order denying appellant’s petition for a writ of error coram nobis to vacate a judgment resulting from his guilty plea to assault with a deadly weapon with infliction of great bodily injury. Appellant contends that his guilty plea was induced by a promise that his sentence would run concurrently with his sentence on a federal conviction for which he was on probation, a promise which was not kept because the federal court subsequently sentenced him consecutively to his California term. We conclude that the record of appellant’s guilty plea shows to the contrary, that appellant was aware the federal court could sentence him consecutively, and he voluntarily pleaded guilty. Therefore we affirm the trial court’s order denying appellant’s petition.

The writ of error coram nobis is an appropriate procedure for a postjudgment challenge to a guilty plea allegedly induced by mistake, fraud, or coercion. (People v. Wadkins (1965) 63 Cal.2d 110, 113 [ 45 Cal.Rptr. 173 , 403 P.2d 429 ]; Appeals and Writs in Criminal Cases (Cont.Ed.Bar 1982) § 2.151, p. 372.) Appellant has alleged that his plea was induced by…

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