Crites

Background Defendant was convicted in August 1977 of first degree murder (Pen. Code,1 § 187) receiving stolen property (§ 496), and auto theft (Veh. Code, former § 10851). The court sentenced defendant to an indeterminate term as prescribed under the law at the time. His conviction was affirmed (People v. Crites (Oct. 17, 1979, A17358) [nonpub. opn.].]) and the remittitur was issued in October 1979. In March 2021, defendant filed a motion entitled, “motion for discovery and/or correction/expungement of erroneous information affecting ‘liberty

All statutory references are to the Penal Code unless otherwise noted.

1 interests’ and ‘due process’ ” in the superior court. His motion sought to correct information in his probation report regarding his alleged commission of rape offenses in Oregon. A clerk of the court rejected the motion, stating it lacked jurisdiction to consider the post-judgment motion. On May 17, 2021, defendant filed a document arguing the court had jurisdiction to consider his claim under Code of Civil Procedure section 916, subdivision (b) and a motion for reconsideration. The court denied the motion, stating it lacked the authority to consider the motion…