Perry

People v. Perry

Good Law
1963 Cal. App. LEXIS 1555·223 Cal. App. 2d 466·36 Cal. Rptr. 16
Court of Appeal of CaliforniaDecember 17, 1963Crim. No. 8710California367 words

Opinion

Lead Opinion

Defendant pled guilty to a charge of violation of Penal Code section 487. His request to withdraw that plea was denied and the judgment against him (order granting probation) was affirmed by this court by an opinion filed on October 4, 1963. (People v. Perry, 220 Cal.App.2d 841 [ 34 Cal.Rptr. 10 ].) No petition for rehearing, or for hearing in the Supreme Court, was filed and remittitur duly issued. Defendant, who has appeared in propria persona all through the proceedings in this court, although we tendered to him the appointment of counsel, 1 has now filed a document which he entitled a “Petition for; (1) Writ of Coram Nobis or alternative (2) Writ of Habeas Corpus. ”

Petitioner claims that he had no notice of our decision until he received written notice from the clerk of the superior court that the remittitur had been filed in that court. The records in the office of our own clerk show that a copy of our *467 opinion affirming the conviction was duly mailed to him. Further, while rule 24 of the California Rules of Court directs the clerk to mail a copy of the opinion to the trial court and to the parties, a failure on his part so to do does not prevent the decision from…

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