Lewis

Appellant was convicted in the Superior Court in and for the County of Los Angeles of the crimes of burglary of the first degree and assault with a deadly weapon. Four prior felony convictions charged against him were found to be true. On May 7, 1957, appellant was sentenced to state prison. Thereafter, on August 22, 1957, he filed in the Su perior Court of Los Angeles County a document denominated “Motion to Annul, Vacate and Set Aside Judgment.” On August 28, 1957, the court entered its order as follows: “Petition for Writ of Error Coram Nobis is denied.” From such order appellant filed his appeal to this court.

On January 31, 1958, appellant filed in this court his “Motion for abandonment of appeal for limited purpose.”

In support of such motion appellant asserts “that his motion to annul, vacate and set aside judgment was not intended to be a petition for a writ of Error Coram Nobis, and that by the trial judge entitling it to be a petition for a writ of Error Coram Nobis, deprives him of that remedy, when in fact, the motion as presented, did not fulfill those requirements as prescribed by statute and law for the filing of the petition for a writ of Error Coram…