People v. Lewis

On May 7, 1957, defendant was convicted by the trial court of first degree burglary and assault with a deadly weapon. It also found four prior felony convictions alleged in the information to be true and sentenced defendant to the state prison. At the trial he was represented by a deputy public defender. No motion for a new trial was made nor was an appeal taken from the judgment. Four months later, defendant in propria persona filed in the lower court a document denominated “Motion to Annul, Vacate and Set Aside Judgment, ’ ’ later held by this court to constitute an application for a writ…