Lauderdale

People v. Lauderdale

Good Law
1964 Cal. App. LEXIS 1121·228 Cal. App. 2d 622·39 Cal. Rptr. 688
Court of Appeal of CaliforniaJuly 22, 1964Crim. No. 109California2,212 words

Opinion

Lead Opinion

Conley, J.

The petitioner, Harvey Lauderdale, appeals from an order denying a writ of error coram nobis. There are at least three good grounds for affirmance:

1) The petition was filed some eight years after the conviction of the petitioner for violation of section 470 of the Penal Code without any showing of a reason for such delay. (People v. Adamson, 34 Cal.2d 320, 328-329 [ 210 P.2d 13 ]; People v. Shorts, 32 Cal.2d 502, 513 [ 197 P.2d 330 ]; People v. Quigley, 222 Cal.App.2d 694, 700 [ 35 Cal.Rptr. 393 ]; People v. Ryan, 121 Cal.App.2d 651, 655 [ 263 P.2d 850 ].)

2) All of the facts upon which petitioner relies occurred prior to his plea of guilty and sentence and no explanation is offered as to why such facts were not presented at that time. (People v. Painter, 214 Cal.App.2d 93, 97 [ 29 Cal.Rptr. 121 ]; People v. Shorts, supra, 32 Cal.2d 502, 513 ; *624 People v. Adamson, supra, 34 Cal.2d 320, 327 ; People v. Blevins, 222 Cal.App.2d 801, 803-804 [ 35 Cal.Rptr. 438 , 36 Cal.Rptr. 191 ] ; People v. Marvich, 121 Cal.App.2d 548, 553 [ 263 P.2d 460 ].)

3) The allegation that his plea of guilty was procured by improper pressure of the district attorney and sheriff together with the…

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