Supreme Court of California

Court of Appeal's reversal of trial court's decision to issue a writ of error coram nobis is affirmed where: 1) defendant is procedurally barred from obtaining relief by way of coram nobis as his presentation of claims is untimely, he had other legal remedies, and he presented his legal claims piecemeal; and 2) defendant has not demonstrated there was a mistake of fact existing at the time of his plea that was not presented to the court and would have prevented rendition of the judgment.

Appellate Information

• Decided 03/16/2009
• Published 03/16/2009

Judges

• WERDEGAR, J.

Court

• Supreme Court of California

Counsel

• For Appellant:
  
• Bill Lockyer and Edmund G. Brown, Jr., Attorney General, Robert R. Anderson, Mary Jo Graves and Dane R. Gillette, Chief Assistant Attorneys General, Gerald A. Engler, Assistant Attorney General, Eric D. Share, Laurence K. Sullivan and Amy Haddix, Deputy Attorneys General, for Plaintiff and Appellant.


• For Appellees:
  
• Law Offices of Norton Tooby, Norton Tooby, Oakland;  Law Offices of A.J. Kutchins, AJ Kutchins, Berkeley;  Law Offices of Joel Franklin and Joel Franklin, Monterey, for Defendant and Respondent., Ralph S. Greer, Pasadena, as Amicus Curiae on behalf of Defendant and Respondent., Immigrant Crime and Justice and Karl W. Krooth, San Francisco, for National Immigration Project of National Lawyers Guild as Amicus Curiae on behalf of Defendant and Respondent., Linda Starr, Paige Kaneb;  and Michael Willemsen, Mountain View, for Northern California Innocence Project as Amicus Curiae on behalf of Defendant and Respondent., Law Offices of Michael K. Mehr, Michael K. Mehr, Santa Cruz, and Rachael Keast, for Immigrant Legal Resources Center, San Francisco Public Defender, UC Davis Immigration Law Clinic, San Francisco Public Defender's Office, South Asian Network and Asian Law Caucus as Amici Curiae on behalf of Defendant and Respondent., Denise M. Gragg, Assistant Public Defender (Orange), for California Attorneys for Criminal Justice as Amicus Curiae on behalf of Defendant and Respondent., Trutanich  Michel, C.D. Michel, Brigid Joyce, Joseph A. Silvoso, Long Beach, and Erin Eckelman, Costa Mesa, for California Rifle & Pistol Association, Inc., and Law Enforcement Alliance of America, Inc., as Amici Curiae on behalf of Defendant and Respondent.