People v. Elmer, Cr. 4817

Decision Date24 July 1952
Docket NumberCr. 4817
CourtCalifornia Court of Appeals Court of Appeals
PartiesPEOPLE v. ELMER.

James E. Elmer, pro. per.

Edmund G. Brown, Atty. Gen., for respondent.

PER CURIAM.

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.

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.

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3 cases
  • Davidson v. State
    • United States
    • Idaho Supreme Court
    • 8 de fevereiro de 1968
    ...v. Rodriguez, 143 Cal.App.2d 506, 299 P.2d 1057 (1956); People v. Stillwell, 162 Cal.App.2d 175, 328 P.2d 21 (1958); People v. Elmer, 112 Cal.App.2d 415, 246 P.2d 60 (1952); People v. Ayala, 138 Cal.App.2d 243, 291 P.2d 517 (1955); People v. Parseghian, 152 Cal.App.2d 1, 312, P.2d 81 (1957)......
  • People v. Ayala
    • United States
    • California Court of Appeals Court of Appeals
    • 30 de dezembro de 1955
    ...657; In re Dye, 73 Cal.App.2d 352, 359, 166 P.2d 388; People v. Thomas, supra, 121 Cal.App.2d 754, 756, 264 P.2d 100; People v. Elmer, 112 Cal.App.2d 415, 246 P.2d 60; People v. Martinez, supra, 88 Cal.App.2d 767, 772, 199 P.2d 375. Waiver of jury trial falls in the same category. People v.......
  • People v. Rodriguez
    • United States
    • California Court of Appeals Court of Appeals
    • 27 de julho de 1956
    ...that the plea was induced by a misleading statement by defense counsel, People v. Kirk, 98 Cal.App.2d 687, 220 P.2d 976; People v. Elmer, 112 Cal.App.2d 415, 246 P.2d 60; People v. Gilbert, 25 Cal.2d 422, 154 P.2d 657; and where the statement by counsel represents a commitment made by some ......

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