[Download] "Hilltop Properties Inc. v. California" by First Appellate District, Division One District Court Of Appeal Of California # Book PDF Kindle ePub Free
eBook details
- Title: Hilltop Properties Inc. v. California
- Author : First Appellate District, Division One District Court Of Appeal Of California
- Release Date : January 31, 1965
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 79 KB
Description
Defendant has appealed from an order of the Superior Court in and for the City and County of San Francisco which denied his "Motion to Annul, Vacate and Set Aside the Judgments" in two consolidated cases, in each of which he had been convicted of robbery and sentenced to serve a prison term consecutive to the other. The motion is in effect a petition for writ of error coram nobis and should be treated as such. (People v. Sandoval (1927) 200 Cal. 730, 732-733 [254 P. 893]; People v. Silva (1965) 232 Cal. App. 2d 477, 478 [42 Cal. Rptr. 723]; People v. Painter (1963) 214 Cal. App. 2d 93, 96 [29 Cal. Rptr. 121]; and People v. Dowding (1960) 185 Cal. App. 2d 274, 276 [8 Cal. Rptr. 208].) Although the appealability of the order may depend on the substance of the facts alleged in or adduced in support of the petition, the matter must be entertained in any event to determine whether dismissal or review on the merits is proper. (People v. Thomas (1959) 52 Cal. 2d 521, 527-529 [342 P.2d 889]; People v. Banks (1959) 53 Cal. 2d 370, 377-380, and fn. 5, pp. 379-381 [1 Cal. Rptr. 669, 348 P.2d 102]; People v. Shorts (1948) 32 Cal. 2d 502, 506-507 [197 P.2d 330]; and cf. People v. Wadkins (1965) 63 Cal. 2d 110, 114 [45 Cal. Rptr. 173, 403 P.2d 429] with People v. Thornton (1965) 233 Cal. App. 2d 1, 3 [43 Cal. Rptr. 691]; and People v. Cantrell (1961) 197 Cal. App. 2d 40, 45 [16 Cal. Rptr. 905].)