People v. Chatman CA4/2

BACKGROUND

In 2003, defendant was convicted of first degree robbery of a person over 65 years

of age and first degree burglary of that victim’s home in violation of sections 211, 212.5,

459, and 667.9, subdivision (b). He admitted four prior prison terms (§ 667.5, subd. (b)),

two prior serious felony convictions (§ 667.5, subd. (a)), and two prior strike convictions

(§§ 667.5, subds. (c) and (e), 1170.12, subd. (c)). He was sentenced to a total prison term

of 62 years and eight months (which did not include the prior prison terms because two

were stayed and the others stricken). Defendant appealed and we affirmed. (People v.

Chatman (Nov. 15, 2004, E034544) [nonpub. opn.].)

In May 2022, defendant noticed a motion pursuant to section 1473.6, which

permits a person who is no longer in custody to move to vacate a judgment based upon

newly discovered evidence of fraud, false testimony, or other misconduct on the part of a

governmental official that resulted in their unlawful imprisonment or restraint.

The purpose of defendant’s motion was to vacate the two prior strike convictions

he had admitted in connection with his 2003 conviction for robbery and burglary.…