People v. Del'Marmol

THE PEOPLE, Respondent, v. EDWIN J. DEL'MARMOL, Appellant.

COUNSEL

Edwin J. Del'Marmol, in pro. per., for Appellant.

Edmund G. Brown, Attorney General, for Respondent. [112 Cal. App. 2d 410]

OPINION

THE COURT.

On October 31, 1945, Edwin J. Del'Marmol was convicted in the Superior Court of Los Angeles County of burglary; in December, 1951, he filed in said court a petition for writ of error coram nobis; the sole ground was claimed insufficiency of the evidence; the petition was denied and Del'Marmol appealed from the order.

The appeal is without merit. [1] Since the claim of insufficiency of the evidence could have been presented and reviewed on appeal, coram nobis does not lie. (People v. Coyle, 88 Cal. App. 2d 967, 970 [200 P.2d 546]; People v. Reid, 195 Cal. 249, 255 [232 P. 457, 36 A.L.R. 1435].) No excuse was offered for the long delay in filing the application. [2] "It is well settled that a showing of diligence is prerequisite to the availability of relief by motion for coram nobis." (People v. Shorts, 32 Cal. 2d 502, 512 [197 P.2d 330].)

The order is affirmed.