When will a motion to vacate a conviction for assault be heard?

The court observed that "[t]he question raised by your motion is whether it's a valid strike based on the allegation in the complaint and the subsequent plea . . . I tend to think the proper vehicle might be a motion to vacate the plea. I'm not sure I have jurisdiction to declare that strike to be invalid." The prosecution reiterated the court's sentiment that it was not a proper motion and that defendant was required to move to withdraw his plea. Defendant argued that based on the ambiguity of former section 12031, subdivision (a)(1), which was the subject of People v. Robles, supra, 23 Cal.4th 1106, the record of conviction did not prove a strike because elements of the offense (the

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