People v. Caballero CA6

Filed 3/30/15 P. v. Caballero CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H040961

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. 85255)

v.

GABRIEL CABALLERO,

Defendant and Appellant.

Defendant Gabriel Caballero appeals the trial court’s order denying his Penal Code section 1016.51 motion to vacate a 1983 judgment of conviction for robbery. The court denied defendant’s motion as untimely and for failure to show prejudice. Finding no abuse of discretion, we will affirm.

I. TRIAL COURT PROCEEDINGS

A. THE 1983 PLEA

Defendant pleaded no contest to robbery (§ 211) pursuant to a negotiated disposition in which the district attorney agreed to probation or a maximum two-year prison term,…