People v. Grimes CA2/7

INTRODUCTION

Gerald Richard Grimes appeals from the trial court’s denial of his petition for writ of error coram nobis. Because the trial court did not abuse its discretion in denying the petition, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. Grimes’s Plea and Sentencing In March 1984 the People charged Grimes with attempted first degree burglary 2 (Pen. Code, §§ 459, 664), grand theft (§ 487, former subd. (1)), and first degree burglary (§ 459). In August 1984 the People charged Grimes with robbery (§ 211). On December 20, 1984 Grimes, represented by counsel, pleaded no contest to all charges in both cases. At the time he entered his plea, Grimes was advised of his constitutional rights and the nature and consequences of his plea, which he stated he understood. At the sentencing hearing in March 1985, the trial court, Hon. Gilbert C. Alston, indicated that Grimes was amenable to formal probation. Based on a diagnostic study report and a probation report, the court exercised its limited discretion under section 462 to grant probation.3 The court suspended imposition of sentence and placed Grimes on five years of…