Tannatt

People v. Tannatt

Good Law
181 Cal. App. 2d 262·1960 Cal. App. LEXIS 1992·5 Cal. Rptr. 256
Court of Appeal of CaliforniaMay 24, 1960Crim. No. 6900California2,408 words

Opinion

Lead Opinion

Ford, J.

Defendant Francis Lee Morris has appealed from the denial of his application for a writ of error coram nobis. The application was denied on June 30, 1959, a number of months after judgment.

The application was made on the grounds set forth in a prior petition for such writ which was filed in the superior court on September 8, 1958, and on the further ground that when that prior application was denied the superior court was without jurisdiction and its ruling was of no effect. The application, the denial of which is the basis of the present appeal, was “based upon this notice, the pleadings, records, and files herein, and the declaration of Frederick E. Choi,” a copy of which was attached thereto.

Under the prior petition, the defendant Morris sought to have vacated his plea of guilty to the offense of false imprisonment (Pen. Code, §§ 236, 237) and the judgment of August 18, 1958, 1 entered pursuant thereto. The grounds upon which such relief was sought were in substance as follows: He was induced to enter a plea of guilty to false imprisonment in order that the charge of kidnapping (Pen. Code, § 207) could be dismissed as against all the defendants, “through extrinsic *264…

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