Thompson
People v. Thompson
Opinion
Lead Opinion
Friedman, J.
Appeal from order denying a petition for writ of error coram nobis.
In 1952 appellant was an inmate of Folsom State Prison. He was assigned to the ranch and dormitory on the prison grounds. The agricultural area at Folsom State Prison is known as Camp Represa. While so assigned appellant left without authorization. After his apprehension he was convicted of violating Penal Code section 4530, which at that time imposed criminal penalties on a “prisoner confined in a state prison who escapes or attempts to escape therefrom.” This conviction was one of two prior convictions forming the basis for a 1961 adjudication of habitual criminality under Penal Code section 644, subdivision (a). By this coram nobis proceeding appellant seeks to set aside his conviction of escape from state prison, claiming that he should have been charged and convicted of escape from a prison camp or farm in violation of former Penal Code section 4531.
*244 Argument as to availability of coram nobis, or in the alternative habeas corpus, is quite pointless. This court takes judicial notice that the facility or area called Camp Represa is an integral portion of Folsom State Prison, located on the grounds and…