Allenthorp

People v. Allenthorp

Bad Law
1966 Cal. LEXIS 300·51 Cal. Rptr. 244·64 Cal. 2d 679·414 P.2d 372
Supreme Court of CaliforniaMay 25, 1966Crim. No. 9737California1,440 words

Opinion

lead Opinion

Tobriner, J.

-In 1958 defendant suffered conviction for petty theft in the Municipal Court, Anaheim-Fullerton Judicial District. On appeal, the Appellate Department of the Superior Court of Orange County affirmed the judgment. Many years thereafter, on October 16, 1964, defendant filed in the Superior Court of Orange County a notice of motion to vacate the judgment. Treating the notice of motion as a petition for writ of error coram nobis (see People v. Painter (1963) 214 Cal.App.2d 93, 95 [ 29 Cal.Rptr. 121 ]) the court on April 2, 1965, denied the petition. Defendant has appealed from that denial.

We have concluded that the superior court lacked jurisdiction to determine the merits of defendant’s petition 1 and that the proper tribunal for its adjudication was the appellate *681 department of the superior court. 2 We therefore do not reach defendant’s substantive contentions.

Before the amendment of Penal Code section 1265 in 1949 a defendant could appropriately file his petition for writ of error coram nobis in the trial court in which he had been convicted. (Witkin, Cal. Criminal Procedure (1963) § 628, p. 618.) As amended in 1949, however, Penal Code section 1265 specified that after…

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