When reviewing an order denying a section 1473.7 motion to vacate, what is the test for independent review?
California, United States of America
The following excerpt is from People v. Woolen, A157268 (Cal. App. 2020):
When reviewing an order denying a section 1473.7 motion, "[w]e independently review the order denying the motion to vacate which 'presents a mixed question of fact and law.' [Citations.] We defer to the trial court's factual determinations if supported by substantial evidence, but exercise our independent judgment to decide whether the facts demonstrate [prejudicial error]." (People v. Olvera (2018) 24 Cal.App.5th 1112, 1116.)
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