P. v. Tate CA6
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. For the reasons set forth below, we dismiss the appeals.
I. PROCEDURAL BACKGROUND
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 sentenced to five years in state prison, and with the condition that he would waive all appellate rights. At sentencing, the court imposed a term of three years on count 1and a consecutive term of two years on count 3, consistent with the plea agreement.
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