P. v. Weible CA1/3
Defendant Michael Lee Weible was convicted in 2003 of first degree burglary and other offenses, and sentenced to 13 years in state prison. In 2005, his conviction was reversed and, in 2006, he pleaded guilty and was sentenced to eight years in state prison. In 2008, the California Department of Corrections and Rehabilitation notified the trial court of an error in the sentence. The trial court held a hearing in response to this notification and resentenced defendant to seven years eight months. On November 4, 2016, defendant having been released after serving this sentence, filed a petition for writ of error coram nobis in superior court challenging the proceedings at the 2008 hearing in response to the department’s notification. He claimed his attorney improperly waived his personal appearance at the 2008 hearing and that because the sentence initially imposed based on his plea agreement was illegal, his plea should have been set aside, and that he did not waive his right to a trial
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