Wagner

On a petition by the People, the trial court revoked defendant and appellant Jesse Wagner’s parole, ordered that he serve 120 days of local custody, and reinstated his parole. After the time to appeal from the order revoking his parole had passed and after Wagner completed his term of custody, Wagner discovered what he believes is evidence which shows that in pursuing revocation of his parole, a parole officer acted in retaliation for litigation Wagner initiated against another law enforcement officer and testified falsely at the revocation hearing. Upon discovering this evidence, Wagner filed, and the trial court denied, a motion for relief under Penal Code section 1473.6.

The trial court did not reach the merits of Wagner’s motion but instead found that it did not have jurisdiction under section 1473.6 to consider Wagner’s claims. Wagner filed a timely notice of appeal. Contrary to the trial court’s determination, section 1473.6 did give it jurisdiction over its earlier order revoking Wagner’s parole. Accordingly, we reverse the trial court’s order and remand for a hearing on the merits of Wagner’s motion.

FACTUAL AND PROCEDURAL BACKGROUND

1. Underlying…