People v. Howard

In February 1963, defendant was sentenced to prison on five counts of first degree robbery. (Pen. Code, § 211a.) He did not appeal. In September 1963, he filed a petition for a writ of error coram nobis. He alleged that section 671 of the Penal Code 1 is unconstitutional, that the public defender inadequately represented him at trial, that the trial judge erred in failing to instruct the jury to return a separate verdict upon the charge of being armed (Pen. Code, § 1158a), and that the verdict, judgment, and sentence were contrary to law. The trial court denied his request for counsel and…