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PEOPLE v. McELWEE

No. B177372.

27 Cal.Rptr.3d 448 (2005)

128 Cal.App.4th 1348

The PEOPLE, Plaintiff and Respondent, v. Dwayne McELWEE, Defendant and Appellant.

Court of Appeals of California, Second District, Division 4.

Review Denied August 10, 2005.

Attorney(s) appearing for the Case

John F. Schuck, under appointment by the Court of Appeal, Palo Alto, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, William T. Harter and J. Michael Lehmann, Deputy Attorneys General, for Plaintiff and Respondent.

EPSTEIN, P.J.

Dwayne McElwee appeals from an order of the superior court denying a writ of error coram nobis. For reasons explained in the opinion, we affirm the order.

FACTUAL AND PROCEDURAL SUMMARY

On April 20, 2004, McElwee filed a petition for writ of error coram nobis to vacate the judgment entered against him on March 5, 1984. McElwee asserted in the petition that on March 5, 1984, pursuant to a plea bargain, he pled guilty to...

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