People v. Golden

California Court of Appeal

People v. Golden

245 Cal. App. 2d 512, 54 Cal. Rptr. 91, 1966 Cal. App. LEXIS 1488

CourtCalifornia Court of Appeal

DecidedOctober 10, 1966

DocketCrim. 12641

StatusPublished

Cited by2 cases

This text of 245 Cal. App. 2d 512 (People v. Golden) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Golden, 245 Cal. App. 2d 512, 54 Cal. Rptr. 91, 1966 Cal. App. LEXIS 1488 (Cal. Ct. App. 1966).

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Opinion

THE COURT.

This is an appeal from denial of a petition for a writ of error coram nobis. This matter was before us once before. In 2nd Crim. No. 11639, on January 3, 1966, we dismissed a similar appeal, to wit: “Appellant’s petition for writ of error coram nobis did not state facts sufficient to invoke the jurisdiction of the superior court. The order of the superior court is not appealable. (People v. Thornton, 233 Cal.App.2d 1 [43 Cal.Rptr. 691].)” This appeal must be dismissed on the same grounds.

It appears that even though a record flatly contradicts statements set forth in a petition for writ of error coram nobis, there is no way to prevent repeated filings of such a petition, and unnecessary expense to the county by bringing up to this court what amounts to, with little variation, duplicate clerk’s transcripts. Frivolous appeals are prevented in eases of guilty and nolo contendere pleas (Pen. Code, § 1237.5) by requiring a certificate of probable cause but there is no provision to include proceedings in coram nobis.

The appeal is dismissed.

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THE COURT.

This is an appeal from denial of a petition for a writ of error coram nobis. This matter was before us once before. In 2nd Crim. No. 11639, on January 3, 1966, we dismissed a similar appeal, to wit: “Appellant’s petition for writ of error coram nobis did not state facts sufficient to invoke the jurisdiction of the superior court. The order of the superior court is not appealable. (People v. Thornton, 233 Cal.App.2d 1 [43 Cal.Rptr. 691].)” This appeal must be dismissed on the same grounds.

It appears that even though a record flatly contradicts statements set forth in a petition for writ of error coram nobis, there is no way to prevent repeated filings of such a petition, and unnecessary expense to the county by bringing up to this court what amounts to, with little variation, duplicate clerk’s transcripts. Frivolous appeals are prevented in eases of guilty and nolo contendere pleas (Pen. Code, § 1237.5) by requiring a certificate of probable cause but there is no provision to include proceedings in coram nobis.

The appeal is dismissed.

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245 Cal. App. 2d 512, 54 Cal. Rptr. 91, 1966 Cal. App. LEXIS 1488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-golden-calctapp-1966.

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