In re Gomes
Lawrence Gomes appeals from the denial of his petition for a writ of coram nobis. The denial of a writ of coram nobis is not an appealable order where, as here, the petition fails to state a prima facie case for coram nobis relief. (People v. Gallardo (2000) 77 Cal.App.4th 971, 982-983 [dismissing appeal from denial of coram nobis petition].) Petitioner’s request to withdraw his true plea to two prior convictions because the prosecutor incorrectly advised him of the consequences of this plea, however, may be considered as a petition for a writ of habeas corpus and we so consider it. (See People v. Segura (2008) 44 Cal.4th 921, 928, fn. 4.)
Assuming that defendant’s claim of misadvisement is correct, he still must show prejudice. This he has not done. Therefore, even treating his appeal as a petition for habeas corpus, the petition must be denied.
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