People v. Kirk

This is an appeal from an order denying a petition for a writ of error coram nobis.

Defendant seeks reversal of the order on three grounds: (1) That the clerk’s transcript on appeal (the only transcript before us) is defective in that it is not certified to by the trial judge. (2) That the trial court abused its discretion in failing to order defendant’s return from Folsom Penitentiary, where he was confined, to present and argue his petition as he was appearing in propria persona. (3) That the trial judge abused his discretion in denying the petition because it was established by an…