Mendez

Coramnobis will not issue to correct a judgment based upon perjured testimony unless the prosecuting authorities or the court knew or had reason to know about the perjury at the time it occurred. The question before us is this: Should we ignore that rule simply because this case is tangentially related to the Rampart scandal? Our answer is “no.”

Facts

In April 1992, Carlos Francisco Mendez was convicted of a drug offense and placed on probation. In September 1992, he was convicted of another drug offense and once again placed on probation. On May 13, 1993, he was arrested by Los Angeles Police Department Officer David Mack. At Mendez’s preliminary hearing, Officer Mack testified that when he saw Mendez on the street on May 13, he recognized him because, the day before, he had purchased $20 worth of rock cocaine from him (but had not arrested him then because he ran off). Mendez was held to answer and an information was filed charging him with one count of selling cocaine base.

At Mendez’s arraignment in June, the trial court (Hon. J. Stephen Czuleger) said it was “a good case for a disposition” since Mendez was already on probation in two cases, suggested the new case…

I agree the petition should be denied.

A writ of habeas corpus does not lie because Mendez is no longer in prison or subject to parole supervision. (In re Azurin (2001) 87 Cal.App.4th 20 [ 104 Cal.Rptr.2d 284 ].) And petitioner conceded at oral argument that a writ of coram nobis is not available to him on the facts presented.

Rather, petitioner asks us to fashion an unprecedented remedy for him “pursuant to the broad equitable powers of the court.” In his petition, he states: “Petitioner was arrested on May 13, 1993, by Los Angeles Police Officer David Mack. In brief, Mack, who worked with the notorious Rafael Perez, subsequently committed a bank robbery, attempted to contract for a murder, consorted with narcotics dealers, and asserted that he ‘renounced’ his career as a police officer and that he was a member of the Bloods street gang. HD Mack was arrested December 16, 1997. Mack entered a guilty plea to bank robbery in federal court, and on September 13, 1999, was sentenced to serve a term of 14 years, 3 months.”

Because petitioner has failed to demonstrate how his guilty plea—entered over four years before Mack’s criminality came to light—was tainted, I *804 agree that we…

Steve Cooley, District Attorney, George M. Palmer, Head Deputy District Attorney, Brentford J. Ferreira and Shirley S.N. Sun, Deputy District Attorneys, for Real Party in Interest.

No appearance for Respondent.

MIRIAM A. VOGEL, J.

Coram nobis will not issue to correct a judgment based upon perjured testimony unless the prosecuting authorities or the court knew or had reason to know about the perjury at the time it occurred. The question before us is this: Should we ignore that rule simply because this case is tangentially related to the Rampart scandal? Our answer is "no."

In April 1992, Carlos Francisco Mendez was convicted of a drug offense and placed on probation. In September 1992, he was convicted of another drug offense and once again placed on probation. On May 13, 1993, he was arrested by Los Angeles Police Department Officer David Mack. At Mendez's preliminary hearing, Officer Mack testified that when he saw Mendez on the street on May 13, he recognized him because, the day before, he had purchased $20 worth of rock cocaine from him (but had not arrested him then because he ran off). Mendez was held to answer and an information was filed charging him with one count of…