People v. Jansen CA1/5

BACKGROUND

A.

In 2009, Jansen entered a plea of no contest to charges that he inflicted corporal injury upon a cohabitant (§ 273.5, subds. (a), (b)(2)), made criminal threats (§ 422), and threatened a peace

Undesignated statutory references are to the Penal Code. 1 officer (§ 69). He also admitted enhancement allegations that he had served two prior prison terms (§ 667.5, former subd. (b)).

The trial court sentenced Jansen to an aggregate term of six years eight months in state prison, suspended execution of sentence, and placed Jansen on formal probation for four years. After Jansen repeatedly violated the terms of his probation, the court, in July 2011, executed Jansen’s previously suspended prison sentence. Jansen filed an appeal and this court modified the amount of imposed fines.

B.

In 2022, Jansen moved (in propria persona) to vacate the judgment, pursuant to section 1473.7, subdivision (a)(2).2 He asserted his actual innocence, that the complaining witness (his ex-girlfriend) had lied, and that he only pled no contest so that he could be released from jail to care for his son. Counsel was initially appointed to represent Jansen. However, the court later accepted…