P. v. Hutton
In 1995, Brandon Jason Hutton (defendant) pled guilty to committing a lewd and lascivious act on a child under the age of 14 (Pen. Code, 288, subd. (a)) and was sentenced to three years of probation. In 2006, defendant petitioned for a writ of error coram nobis to set aside his conviction on the ground he was insane at the time of his 1995 plea. The trial court denied the petition. Defendant appeals, claiming the trial court erred in denying his request for coram nobis relief. Court affirm, concluding the trial court did not abuse its discretion in denying defendants coram nobis petition because defendant failed to show the facts upon which he relies were not known to him and could not in the exercise of due diligence have been discovered by him earlier. Court also grant defendants request for judicial notice.
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