How has section 1016.5 of the California Criminal Code been interpreted in the context of a motion to vacate a plea?

California, United States of America


The following excerpt is from People v. Russell, B266278 (Cal. App. 2017):

5. In Totari, itself, the defendant filed his section 1016.5 motion 13 years after the judgment was entered. (Totari, at p. 879; see also People v. Superior Court (Zamudio) (2000) 23 Cal.4th 183, 204 [ 1016.5 permitted the defendant to file a motion to vacate a plea entered six years earlier].)

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