P. v. Marquez CA4/2
On January 24, 2005, defendant and respondent, Juan Pablo Munoz Marquez, pled guilty to felony possession of cocaine (count 1; Health & Saf. Code, § 11350, subd. (a)) and misdemeanor driving with a blood-alcohol concentration of 0.08 percent or greater (count 3; Veh. Code, § 23152, subd. (b)). On December 9, 2016, defendant filed a motion to vacate the judgment pursuant to Penal Code section 1016.5, which the court granted. On appeal, the People contend the court abused its discretion in granting defendant’s motion. We reverse.
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