Populus v. State

ALMON, Judge.

Petitioner appeals the denial of his petition for writ of error coram nobis.

Contained in the record before us is the sworn petition for writ of error coram nobis, motion to vacate the previous judgment of conviction, and a summary denial of each motion. For aught that appears from the record, the State never joined issue on the factual averments of the petition. Furthermore, the record indicates that petitioner was never afforded a hearing on the merits.

Since the petition was meritorious on its face, petitioner should have been afforded a hearing on the merits had issue been…