People v. Escobedo CA2/1

facts in the petition were true, he had not alleged facts establishing a prima facie case for habeas relief.

1All further statutory references are to the Health and Safety Code unless otherwise indicated.

2 On November 26, 2014, Escobedo filed as to each of the three cases an identical writ of coram nobis. Escobedo argued that he had received ineffective assistance of counsel in each case. Counsel had misadvised him about immigration consequences, failed to file a motion to suppress in his 1994 conviction, coerced him into pleading guilty in his 2000 conviction, and failed to investigate the factual background and so did not properly advise him in his 2003 conviction. The trial court denied the petition for writ of coram nobis on December 11, 2014. Escobedo filed a notice of appeal. On December 12, the trial court denied Escobedo’s request for an order of dismissal under Penal Code section 1203.4. The court also denied his petition under Penal Code section 851.8 on the ground that Escobedo pleaded guilty and served a state prison sentence. On December 19, 2014, Escobedo filed a motion for reconsideration of the denial of his habeas petition, which the court denied on December…