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Name: People v. Wagner
Case #: D068228
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 08/19/2016

Order revoking parole may be reviewed via a motion to vacate judgment (Pen. Code, § 1473.6). Wagner’s parole was revoked and he was ordered to serve 120 days in custody. After the time for appeal had expired and Wagner had completed his custodial sanction time, he discovered evidence that showed the parole revocation petition against him had been filed in retaliation for litigation he initiated against one officer and was supported by false testimony from another officer. Wagner filed a motion to vacate the judgment (Pen. Code, § 1473.6). The trial court found it lacked jurisdiction under section 1473.6 to disturb the order revoking Wagner’s parole. Wagner appealed. Held: Reversed. The petition to revoke Wagner’s parole was determined by the trial court (Pen. Code, § 3000.08). A court’s order revoking parole is appealable. Under section 1473.6, a person who is no longer unlawfully imprisoned may seek to vacate the judgment under certain circumstances, generally involving newly discovered evidence that a government official testified falsely or committed fraud or misconduct. The motion must be based on evidence that could not have been discovered with reasonable diligence prior to judgment and must be filed within one year of the discovery of the evidence. Penal Code section 1473.6 was enacted to provide a means to vacate judgments where the false evidence was not discovered until years after it occurred and the defendant was no longer in custody. The order revoking Wagner’s parole should be treated as a judgment because it is a final determination of the rights of the parties to an action (Code Civ. Pro., § 577). The order has a substantial and enduring impact on Wagner, as it may be used in future sentencing determinations. It was therefore subject to section 1473.6.

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