People v. Robinson CA1/2

INTRODUCTION

Defendant Kevin Lee Robinson appeals from a trial court order denying his petition for a writ of error coram nobis seeking to have a 1984 judgment against him vacated. Robinson now argues that a valid plea was never taken in the 1984 case and, therefore, this issue could be raised at any time, and it was an abuse of discretion to deny his petition. We disagree and affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

In December 1983, when he was 16 years old, Robinson was charged with eight counts of robbery, five of which involved an enhancement for carrying a weapon. A month later, in January 1984, defendant and his counsel appeared for the preliminary hearing on the matter. At that time, defense counsel informed the court that “with the court’s approval, the district attorney has offered to allow Robinson to enter a plea of guilty to count 1 with use pursuant to Penal Code section 12022(b), to count 2, count 5 and to count 8, and then she in exchange would move to dismiss counts 3, 4, 6 and 7.”

1 After questioning her client on his understanding of the terms of the plea, the rights he was waiving and the consequences of the plea (all of which defendant said…