People v. Tate CA6

Good Law
Court of Appeal of CaliforniaAugust 15, 2022H049641California1,275 words

Opinion

Opinion

Filed 8/12/22 P. v. Tate 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 H049768 & H049641 (Santa Clara County Plaintiff and Respondent, Superior Court Nos. 89625 & 159331)

v.

LIONEL TATE, SR.

Defendant and Appellant.

THE COURT

Defendant Lionel Tate, Sr., appeals from two orders denying motions he filed in the trial court to vacate convictions in two cases pursuant to Penal Code section 1473.7.2 For the reasons set forth below, we dismiss the appeals.

I. PROCEDURAL BACKGROUND3

A. Case No. H049768 (Superior Court Case No. 89625) In 1987, Tate pleaded no contest to rape (§ 261, subd. (2); count 1) and penetration by a foreign object (§ 289, subd. (a); count 3) with the agreement that he would be…

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