P. v. Colt CA1/4
In February 2021, this court issued an opinion affirming the denial of a motion by Thomas Michael Colt to vacate his 1990 judgment of conviction for murder. (People v. Colt (Feb. 2, 2021, A158424 [nonpub. opn.].) The trial court had treated the motion as a petition for a writ of error coram nobis and denied it based on Colt’s lack of diligence in raising his claims, and because he had previously raised the claims in unsuccessful petitions for writs of habeas corpus. We held that a prisoner may not file a “motion to vacate judgment” to avoid the diligence requirement for a writ of coram nobis. Colt then filed an amended motion to vacate the judgment in the trial court, adding a “due diligence” section. The court denied the amended motion. Colt filed a notice of appeal, but neither his appointed counsel nor he identifies any colorable issue, so the appeal will be dismissed.
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