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Name: People v. Germany
Case #: B179638
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 10/25/2005

The trial court did not err in denying relief under Penal Code section 1473.6 where no newly-discovered evidence of government misconduct justified vacating the judgment. In 1998, the appellant pleaded no contest to possession of a controlled substance and was sentenced to prison. After serving his term and failing to obtain relief sought by petition for writ of habeas corpus, he moved to vacate the judgment under section 1473.6(a)(3). The lower court denied the motion without a hearing. The Court of Appeal affirmed the order, noting that “newly-discovered evidence” is evidence that could not have been discovered with reasonable diligence prior to judgment. Most of the evidence cited by the defendant in his motion was evidence that was known to him prior to judgment, and the remaining evidence regarded the arresting officers’ misconduct in other cases. Subdivision (a)(3) of section 1473.6 expressly states that evidence of misconduct in other cases is not sufficient grounds for relief under that section.