P. v. Lundberg CA4/2
Penal Code section 1473.7, subdivision (a)(2) allows a person no longer in criminal custody to file a motion to vacate a conviction based on newly discovered evidence of actual innocence. Defendant and appellant Janet Lundberg filed such a motion, contending that her 2014 diagnosis of Asperger’s Syndrome showed she was actually innocent of 14 sex crimes committed against two teenage boys in 2001. The trial court denied the motion, and we affirm, finding that the fact that Asperger’s Syndrome was diagnosable at the time she was charged and convicted, and that she pled guilty to the crimes, show that she has not brought forward newly discovered evidence of actual innocence.
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