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People v. Crawford

California Court of Appeals, Second District, Fifth Division
Apr 22, 2009
No. B210422 (Cal. Ct. App. Apr. 22, 2009)

Opinion

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of Los Angeles County No. VA016886, Beverly Reid O’Connell, Judge.

Marcia R. Clark, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.


KRIEGLER, J.

Defendant Antonio Feliciano Crawford was sentenced to state prison in 1993 for a term of seven years following his conviction for possession of cocaine base for the purpose of sale (Health & Saf. Code, § 11351.5) with a prior conviction (Health & Saf. Code, § 11370.2). In 2008, defendant filed a petition for writ of error coram nobis, alleging he was denied his constitutional right to effective assistance of counsel in 1993 when trial counsel failed to file a notice of appeal. The trial court denied the petition on the grounds that ineffective assistance of counsel claims may not be remedied by coram nobis and defendant had previously raised the same issue twice in unsuccessful habeas corpus petitions.

Defendant filed a notice of appeal from the order denying the coram nobis petition. This court appointed counsel on appeal, who filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436, raising no issues but asking the court to independently review the record for error.

Defendant was notified of his right to file a supplemental brief. Defendant filed a letter brief with this court, arguing the trial court erred in denying coram nobis relief because trial counsel was ineffective for failing to object to hearsay testimony at trial, challenge evidence, and file a notice of appeal.

Defendant’s contentions are without merit. Coram nobis does not lie to challenge the effective assistance of counsel. (In re Nunez (1965) 62 Cal.2d 234, 236; People v. Chien (2008) 159 Cal.App.4th 1283, 1290; People v. Soriano (1987) 194 Cal.App.3d 1470, 1477.) We have independently reviewed the record and find no arguable contentions. (Smith v. Robbins (2000) 528 U.S. 259.)

The judgment is affirmed.

We concur: ARMSTRONG, Acting P. J. MOSK, J.


Summaries of

People v. Crawford

California Court of Appeals, Second District, Fifth Division
Apr 22, 2009
No. B210422 (Cal. Ct. App. Apr. 22, 2009)
Case details for

People v. Crawford

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. ANTONIO FELICIANO CRAWFORD…

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

Date published: Apr 22, 2009

Citations

No. B210422 (Cal. Ct. App. Apr. 22, 2009)