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MENDEZ v. SUPERIOR COURT

No. B145701.

104 Cal.Rptr.2d 839 (2001)

87 Cal.App.4th 791

Carlos Francisco MENDEZ, Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent; The People, Real Party in Interest.

Court of Appeals of California, Second District, Division One.

Rehearing Denied March 26, 2001.

As Modified April 4, 2001.

Review Denied May 23, 2001.

Attorney(s) appearing for the Case

Michael P. Judge, Public Defender, Kelly G. Emling, Head Deputy Public Defender, Marie C. Girolamo and John Hamilton Scott, Deputy Public Defenders, for Petitioner.

Steve Cooley, District Attorney, George M. Palmer, Head Deputy District Attorney, Brentford J. Ferreira and Shirley S.N. Sun, Deputy District Attorneys, for Real Party in Interest.

No appearance for Respondent.

MIRIAM A. VOGEL, J.

Coram nobis will not issue to correct a judgment based upon perjured testimony unless the prosecuting authorities or the court knew or had reason to know about the perjury at the time it occurred. The question before us is this: Should we ignore that rule simply because this case is tangentially related to the Rampart scandal? Our answer is "no."

FACTS

In April 1992, Carlos Francisco Mendez was convicted of a drug offense...

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