People v. Clavel CA2/2

DISCUSSION

Counsel was appointed to represent appellant on appeal. After examination of the record, counsel filed an “Opening Brief” in which no issues were raised. On December 13, 2013, appellant was advised that he had 30 days within which to personally submit any contentions or issues which he wished us to consider. No response was received. The writ of error coram nobis is the modern equivalent of a nonstatutory motion to vacate a conviction. Its role ‘“is to secure relief, where no other remedy exists, from a judgment rendered while there existed some fact which would have prevented its rendition if the trial court had known it and which, through no negligence or fault of the defendant, was not then known to the court’ [citation].” (Kim, supra, 45 Cal.4th at p. 1091.) The substantive requirements for obtaining the writ under modern law are set forth in People v. Shipman (1965) 62 Cal.2d 226. The writ is available only when three requirements are met: (1) The petitioner must show the existence of some fact which, without fault or negligence on his part, was not presented to the court at the trial on the merits, and which if presented would have prevented the rendition of the…