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Name: Mendez v. Superior Court
Case #: B145701
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 03/07/2001
Subsequent History: Modif. of opn. at 88 Cal.App.4th 238f; rev. den. 5/23/01

Petitioner had pleaded guilty after Officer Mack testified at the preliminary hearing that petitioner had sold drugs to Mack. Years later, Officer Mack pleaded guilty to bank robbery and was tangentially related to the Rampart scandal. Since petitioner was no longer on parole, habeas corpus was not available to him. He filed a petition for coram nobis, alleging he was innocent and that his arrest and conviction were based solely on the credibility of Officer Mack. Absent extrinsic fraud or duress, a judgment predicated on perjured testimony cannot be attacked by a petition for a writ of coram nobis. Moreover, petitioner must show that the prosecuting authorities or the court knew or had reason to know about the perjury at the time it occurred, and he made no such allegation, let alone showing. Petitioner’s remedy is to apply for a pardon.