People v. Toth

Defendant’s “motion to vacate a void judgment”, properly treated as a petition for writ of error coram nobis, was denied by the trial court. Defendant appeals.

Indicted for the murder of his estranged wife, defendant was represented by counsel of his own choice. On January 3, 1961, he pleaded not guilty and not guilty by reason of insanity. Trial was set for February 28. On February 15, defense counsel moved to withdraw the earlier pleas, stating that defendant desired to “make a plea under section 1192.3.” Defendant expressed his own desire that the motion be granted. It was. Defendant…