Perez

Discussion. Unlabeled statutory references are to the Penal Code. theft. The sole ground raised in the opposition to Perez’s motion was its untimeliness. At the hearing on the motion, the superior court stated: “While I think there are a bunch of humanitarian reasons why it should be granted, I have to say the motion is denied.” On appeal, the Attorney General contends the court properly denied the motion because (1) it was untimely and (2) Perez did not establish he suffered the “prejudicial error” required by section 1473.7, subdivision (a)(1). The published part of this opinion addresses the meaning of the timeliness provisions set forth in subdivision (b) of section 1473.7, which is a pure question of law and not dependent upon the facts of this case. That subdivision contains a general rule requiring the court to deem the motion timely in certain circumstances. (§ 1473.7, subd. (b)(1).) It also contains a discretionary exception that permits the court to deem the motion untimely if the moving party did not act with reasonable diligence in bringing the motion after specific triggering events. (§ 1473.7, subd. (b)(2).) Thus, the absence of reasonable diligence does not…