Germany
People v. Germany
Opinion
Opinion
Mosk, J.
INTRODUCTION
In 1998, defendant and appellant Nathan Germany (defendant) pleaded nolo contendere to a single count of possession of a controlled substance (Health & Saf. Code, § 11350, subd. (a)) and admitted to a prior conviction within the meaning of Penal Code sections 667, subdivisions (b) through (i) and 1170.12, subdivisions (a) through (d) (“Three Strikes” law). The trial court sentenced defendant to two years in state prison.
In 2003, after serving his prison term, defendant moved to vacate the judgment in his case pursuant to newly enacted section 1473.6, which allows a noncustodial defendant to move to vacate a judgment of conviction for newly discovered evidence under specified circumstances. He alleged that the arresting officers planted drugs on him; that the arresting officers subsequently were disciplined or terminated for misconduct; and that there have been revelations that the arresting officers in this case planted drugs on others in other cases. The trial court denied the motion, and defendant appeals, arguing that the trial court abused its discretion in denying his motion without holding an evidentiary hearing.