[Download] "People v. Bobeda" by Second Appellate District, Division Two District Court Of Appeal Of California * eBook PDF Kindle ePub Free

eBook details

Title: People v. Bobeda
Author : Second Appellate District, Division Two District Court Of Appeal Of California
Release Date : January 27, 1956
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 56 KB

Description

On January 3, 1956, appellant filed in the superior court his "Petition for a Writ of Error Coram Nobis or Vobis." He alleged that pursuant to his plea of guilty he had been convicted of having violated section 459 of the Penal Code and sentenced as prescribed by law; that by reading certain lawbooks of the prison law library he was caused to believe that he is not guilty of the charge of burglary in the second degree; that he has been informed, and therefore now knows that the district attorney of Los Angeles County did suppress and withhold evidence which was unknown to petitioner at the time of trial "and had your petitioner not been beaten, coerced, intimidated and forced under duress to enter a guilty plea to the above referred to charges and had your petitioner been allowed to obtain counsel of his choice, a different outcome would have resulted at his trial on the above referred to action"; that such action was a fraud upon the court and petitioner; that it is incumbent upon the district attorney to bring forth the evidence; that the withholding of material proof along with encouraging beating and using duress on the defendant, gives rise to the belief that a different plea would have been entered by this petitioner; that petitioner is now in a state prison without the assistance of counsel to prepare his petition for error coram nobis, without funds to pay for the cost of a court action; that the superior court records of his conviction "will reveal that your petitioner did not wilfully enter a plea of guilty" but that "petitioner was forced to stand with an attorney not of his choice and to enter his plea of guilty."