California, United States of America
The following excerpt is from People v. Carranza, H047924 (Cal. App. 2020):
Defendant first contends that his conviction for second degree murder "should be vacated for vagueness under [the] unconstitutional murder rule." (Capitalization and emphasis omitted.) Defendant appears to challenge the validity of his conviction in this claim. However, defendant may not challenge his conviction on appeal from an order dismissing his petition for resentencing pursuant to section 1170.95. More importantly, the judgment against defendant is now final, which also precludes defendant's claim. (See People v. Vieira (2005) 35 Cal.4th 264, 306 [a judgment is final when the time for petitioning for a writ of certiorari in the United States Supreme Court has passed].)
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