California Court of Appeal

In a case in which defendant pleaded no contest to transporting heroin under former Health and Safety Code section 11352, and several years later filed a motion to vacate her felony transportation conviction and replace it with a misdemeanor sentence for simple possession, the trial court's order granting defendant's motion to withdraw her no contest plea to transporting heroin is reversed where the trial court's exceeded its jurisdiction in granting the motion because defendant was not entitled either to withdraw her plea or to the retroactive benefit of the intervening amendment to section 11352.

Appellate Information

• Published 2017/04/20

Judges

• HULL

Court

• California Court of Appeal

Counsel