Court Reverses Denial of Motion for Correction of POR
People v. Crites Court: California Courts of Appeal, Docket: A162940 (First Appellate District), Opinion Date: April 14, 2022. Crites was convicted in 1977 of first-degree murder, receiving stolen property, and auto theft. The court sentenced him to an indeterminate term as prescribed under the law at the time. In 2021, Crites filed a motion entitled, “motion for discovery and/or correction/expungement of erroneous information affecting 'liberty interests’ and 'due process ” in the superior court, seeking to correct information in his probation report regarding his alleged commission of rape offenses in Oregon. A clerk of the court rejected the motion, stating it lacked jurisdiction to consider the post-judgment motion. Crites filed a document arguing the court had jurisdiction to consider his claim under Code of Civil Procedure section 916(b) and a motion for reconsideration. The court denied the motion, stating that “ '[t]here is no statutory authority for a trial court to entertain a post-judgment motion that is unrelated to any proceeding then pending before the court.
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