Statton

People v. Statton

Good Law
1963 Cal. App. LEXIS 1664·222 Cal. App. 2d 303·35 Cal. Rptr. 99
Court of Appeal of CaliforniaNovember 15, 1963Crim. No. 1615California647 words

Opinion

Lead Opinion

Griffin, J.

Defendant-appellant was charged in one count with bringing a narcotic substance into a jail, and in a second count with possession of a narcotic in a jail, in violation of Penal Code, section 4573.6. Represented by counsel, he entered a plea of guilty to the second count. The superior court entered judgment on March 30, 1961, committing defendant to state prison for the term prescribed by law, and also ordering that the sentence run concurrently with relation to his federal sentence. No appeal was taken.

On January 25, 1963, nearly two years later, defendant *304 filed a document in the superior court purporting to be a motion to vacate the judgment and sentence, alleging that the judgment was void because the court was without power to order concurrent service of state sentence with the federal sentence. (Citing In re Sichofsky, 201 Cal. 360, 364 [ 257 P. 439 , 53 A.L.R. 615 ].)

On March 27, 1963, defendant also filed a document entitled motion for error coram nobis, setting forth these grounds and claiming that the federal offense was not an offense punishable under the laws of California and that accordingly the state sentence was void.

On March 29, 1963, defendant filed…

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