Can a motion to withdraw a guilty plea be considered a writ of error?

5 Defendant alleged that the court had the authority to set aside the pleas under section 1018, which provides in part: 'On application of the defendant at any time Before judgment the court may . . . for good cause shown, permit the plea of guilty to be withdrawn and a plea of not guilty substituted.' (Italics added.) Since the motion here was made After judgment and its affirmance on appeal in all respects except for the penalty on the murder counts, it is apparent that the trial court had no authority to entertain the motion under section 1018. Although a motion to set side a judgment of conviction and for permission to withdraw a plea of guilty and ordinarily be considered as a petition for writ of error Coram nobis (People v. Wadkins (1965) 63 Cal.2d 110, 112--113, 45 Cal.Rptr. 173, 403 P.2d 429; People v. Thompson (1949) 94 Cal.App.2d 578, 580, 211 P.2d 1), such a petition must be addressed to the court which affirmed the judgment on appeal ( 1265). Therefore, the trial court had to authority to hear the matter after the judgment on the issue of guilt had been affirmed on appeal. The motion to withdraw the guilty pleas constituted, in effect, a collateral attack on the judgment on the issue of guilt and therefore could have been considered as a petition for a writ of habeas corpus. ( 1473 et seq.)

The record in this case has been argumented to include the reporter's transcript of the hearing on defendant's motion.