California, United States of America
The following excerpt is from Leyva, In re, 8 Cal.App.3d 404, 87 Cal.Rptr. 265 (Cal. App. 1970):
It is not denied that those allegations, if true and if appropriately raised at this time and in this proceeding, entitle petitioner to relief. (People v. Wadkins (1965) 63 Cal.2d 110, 113--114, 45 Cal.Rptr. 173, 403 P.2d 429.) The argument made to us by the Attorney General is: (1) that petitioner is guilty of laches, in that he did not raise the present matters until his abortive coram nobis petition in 1967--twenty months after his plea of guilty; and (2) that his remedy is a motion in municipal court to set aside his plea of guilty. We conclude: (1) that the interests of justice require that petitioner be given relief in this court, where his appeal from the section 6327 order is pending; and (2) that the issue of laches should be decided in the same evidentiary hearing that we direct on the allegations of his petition.
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