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People v. McGee

California Court of Appeals, Second District, Sixth Division
Jun 9, 2010
2d Crim. B221984 (Cal. Ct. App. Jun. 9, 2010)

Opinion

NOT TO BE PUBLISHED

Superior Court County No. TA008672, of Los Angeles, Eleanor J. Hunter, Judge.

California Appellate Project, under appointment by the Court of Appeal, Jonathan B. Steiner, Executive Director and Richard B. Lennon, Staff Attorney, for Defendant and Appellant.

No appearance for Respondent.


YEGAN, Acting P.J.

Malcolm D. McGee appeals from an order denying his petition for writ of error coram nobis to vacate a 1990 conviction by plea to battery with serious bodily injury. (Pen. Code, § 243, subd. (d).) Appellant was sentenced to two years state prison.

Appellant filed a coram nobis petition in October 2009 alleging, among other things, that he was denied effective assistance of counsel and that the trial court did not personally advise appellant of his Boykin rights (Boykin v. Alabama (1969) 395 U.S. 238 [23 L.Ed.2d 274]) when the change of plea was entered.

On October 22, 2008, the Los Angeles County Superior Court denied the petition on the ground that it: (1) failed to state with particularity how appellant's court appointed attorney was ineffective; (2) what rights appellant was not advised on when he entered the change of plea, and (3) how appellant would not have entered the plea had he been so otherwise advised of his rights. (People v. Goodrum (1991) 228 Cal.App.3d 397, 401-402.)

Appellant filed a Motion To Reconsider Writ Of Error Coram Nobis and Motion To Reconsider, Amend And Alter Judgment, which were denied by the Los Angeles County Superior Court on January 6, 2009 and October 29, 2009.

We appointed counsel to represent appellant in this appeal. After examination of the record, counsel filed an opening brief in which no issues were raised.

On April 12, 2009. we advised appellant that he had 30 days within which to personally submit any contentions or issues which he wished us to consider. We have received no response from appellant.

Having reviewed the entire record, we are satisfied that appellant's attorney has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 441.)

The judgment (order denying petititon for writ of coram nobis) is affirmed.

We concur: COFFEE, J., PERREN, J.


Summaries of

People v. McGee

California Court of Appeals, Second District, Sixth Division
Jun 9, 2010
2d Crim. B221984 (Cal. Ct. App. Jun. 9, 2010)
Case details for

People v. McGee

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. MALCOLM D. McGEE, Defendant and…

Court:California Court of Appeals, Second District, Sixth Division

Date published: Jun 9, 2010

Citations

2d Crim. B221984 (Cal. Ct. App. Jun. 9, 2010)