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People v. Elmer

Court of Appeal of California, Second District, Division Three
Jul 24, 1952
112 Cal.App.2d 415 (Cal. Ct. App. 1952)

Opinion

Docket No. 4817.

July 24, 1952.

APPEAL from an order of the Superior Court of Los Angeles County denying a petition for writ of error coram nobis. Joseph M. Maltby, Judge. Affirmed.

James E. Elmer, in pro. per., for Appellant.

Edmund G. Brown, Attorney General, for Respondent.


THE COURT.

Appeal from an order denying a petition for a writ of error coram nobis. The sole ground of the petition was that petitioner was persuaded to enter a plea of guilty to forgery with a prior conviction, by the representation of his counsel that he would receive a light sentence, and that he received instead a sentence to state prison. No claim was asserted that any peace officer, the district attorney or the court had any part in the alleged representations or any knowledge of them. Petitions for habeas corpus have been heretofore filed by petitioner with various courts and have been denied.

[1] The present petition based solely upon alleged representations of petitioner's attorney presented no sufficient ground for granting the order sought. The appeal is without merit. ( People v. Aseltine, 139 Cal.App. 768 [ 34 P.2d 830]; People v. Deutsch, 16 Cal.App.2d 121 [ 60 P.2d 155].)

The order is affirmed.


Summaries of

People v. Elmer

Court of Appeal of California, Second District, Division Three
Jul 24, 1952
112 Cal.App.2d 415 (Cal. Ct. App. 1952)
Case details for

People v. Elmer

Case Details

Full title:THE PEOPLE, Respondent, v. JAMES E. ELMER, Appellant

Court:Court of Appeal of California, Second District, Division Three

Date published: Jul 24, 1952

Citations

112 Cal.App.2d 415 (Cal. Ct. App. 1952)
246 P.2d 60

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