In a coram nobis petition, what is the test for a defense counsel to avoid a judgment of dismissal without prejudice?

constitutionally effective assistance in the defense. There can be no strategic initiative in avoiding the statutory and non-discretionary right to a dismissal with prejudice. Had the facts been presented knowingly and vigorously, the judgment of dismissal without prejudice would have been prevented." Appellant also stated in his petition that "defense counsel failed to take into consideration the totality of the statutes involved in the proceedings on August 29, and September 3, 2003, and thereby failed to follow mandatory procedures required by those statutes and the existing law of the case." We thus conclude the petition is a thinly disguised claim that appellant received ineffective assistance of counsel, which is not a proper basis for seeking relief in a coram nobis petition. (Ibanez, supra, 76 Cal.App.4th at p. 546, fn. 13; see also People v. Soriano (1987) 194 Cal.App.3d 1470, 1477.)