People v. Luton

By petition duly verified on the 14th day of July, 1961 defendant-petitioner moves for a writ of error coram nobis to vacate a judgment of conviction on November 29, 1954.

The basis of the petition is that the court erred in sentencing defendant as a second offender to a term of not less than 5 nor more than 10 years and that defendant should be resentenced to a term of not less than 2% nor more than 5 years as a first felony offender.

Where an alleged error does not affect the validity of a judgment of conviction, but only the validity of a sentence, coram nobis will not lie. (People v.…