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The People v. George W. Scott

November 8, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
GEORGE W. SCOTT, SR., ET AL., DEFENDANTS AND APPELLANTS.



(Super. Ct. Nos. CM027747, CM029819, SCR67072)

The opinion of the court was delivered by: Raye , P. J.

P. v. Scott

CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

After being charged with a series of environmental crimes, defendants George W. Scott, Sr.; George W. Scott, Sr., Revocable Inter Vivos Trust; and Chico Scrap Metal, Inc., entered into a settlement with the Butte County District Attorney's Office. In 2008 defendants pleaded no contest to 11 misdemeanor violations of the Health and Safety Code, Labor Code, and Penal Code, and the prosecution dismissed 16 other counts.*fn1 Defendants also agreed to pay restitution.

Subsequently, defendants moved to withdraw the pleas, arguing counsel performed ineffectively. The trial court denied the motion as untimely. Upon denial of their request for a certificate of probable cause, defendants filed a petition in this court for a writ of mandamus to compel the trial court to file their notice of appeal. We denied the petition as untimely. (Scott v. Superior Court (Mar. 19, 2010, C064290) [petn. den. by order].)

Ultimately, defendants filed in the trial court another petition for a writ of habeas corpus or, in the alternative, for a writ of error coram nobis. The court denied the petition. Defendants filed a petition for a writ of habeas corpus in this court, which we also denied. (In re Scott (Dec. 9, 2010, C066254) [petn. den. by order].)

Defendants then filed this appeal, challenging the trial court's denial of their requested alternative relief of a writ of error coram nobis. We shall affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

The following facts are taken from the charging documents and plea agreements in this case.

In January 2007 defendant Scott disposed of hazardous waste containing dangerous levels of lead and polychlorinated biphenyl compounds (PCBs) from his scrap yards in Oroville and Chico.

In May 2007 defendant Scott directed employees of defendant Chico Scrap Metal, Inc. (Chico Scrap) to cut lead coated steel girders with a torch without providing the employees with adequate respiratory protection or approved safety gear. Chico Scrap engaged in these activities on three other occasions.

On four days in October 2007 Chico Scrap failed to control dust during the removal of hazardous substances at its facility, resulting in emission of air contaminants.

In August 2007 Chico Scrap discharged hazardous waste into storm sewers. Later that same month, Chico Scrap failed to contain and remove hazardous metals and PCBs ...


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