P. v. Smith
Brian Andrew Smith appeals an order denying his petition for writ of error coram nobis to vacate a 1984 robbery conviction by plea which resulted in a three-year state prison sentence. (Pen. Code, § 211.)
In 2011, appellant filed a petition for writ of error coram nobis while serving a 25-year-to-life Three Strikes sentence in Case No. A087800. The writ petition alleged that the 1984 conviction was illegally used as a strike in Case No. A087800 because appellant was not advised of his right to court trial or of the consequences of his plea (mandatory parole) when the change of plea was entered in 1984, and because the trial judge who took the plea (Honorable Judge Lawrence J. Rittenband) did not have an oath of office on file with the Secretary of State in 1984 (Gov. Code § 1363, subd. (a)(3)).
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