How have courts dealt with a motion to vacate a judgment against a defendant who mistakenly stabbed the victim?

California, United States of America


The following excerpt is from People v. Watts, C081494 (Cal. App. 2016):

A jury convicted defendant of attempted murder for repeatedly stabbing the victim, mistakenly believing the victim had repossessed his car. Defendant appealed, and

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this court affirmed the judgment. (People v. Watts (Nov. 20, 2014, C073627) [nonpub. opn.].)

A year later, defendant filed with the superior court, a "Petition For [Motion] To Vacate Judgment Under Penal Code, [] 995-999[, subd.](a); For Violation [Evid[.] Code. []788]; Penal Code,[]1054.1[,] subd.[ ](d)." He averred the prosecution had failed to provide full discovery in violation of Brady v. Maryland (1963) 373 U.S. 83 [10 L.Ed.2d 215], as to the victim, who testified for the prosecution. He attached as an exhibit a declaration of a private investigator who searched various databases for the witness's criminal history and found additional "possible" criminal information.

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