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People v. Elmer

California Court of Appeal · Crim. No. 4817 · 1952-07-24 · Published · 112 Cal. App. 2d 415

Proceeding
appeal
Outcome
affirmed — The order is affirmed.
Area
criminal

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion

112 Cal.App.2d 415 (1952) THE PEOPLE, Respondent, v. JAMES E. ELMER, Appellant.

Crim. No. 4817. California Court of Appeals. Second Dist., Div. Three.

July 24, 1952. 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. *416

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