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State Courts -
California - May 28, 2009
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People v. Vasilyan, B205679,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, May 28, 2009, Filed
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Overview: In a hate crimes case, court vacated defendant's 1994 nolo contendere plea to charges under Pen. Code, ? 422.7, because ? 422.7, did not identify a substantive crime but rather elevated certain crimes from misdemeanors to felonies, which made ? 422.7 a penalty provision. As there was no crime, the judgment was void and subject to collateral attack.
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Rodriguez v. Henard, F055200,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, May 28, 2009, Filed
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Overview: Nonreceipt of a request for entry of default and default judgment, allegedly caused by an incorrect zip code as set forth on the affidavits of mailing, did not merit relief from default under Code Civ. Proc., ? 473, because notice was given by telephone and Code Civ. Proc., ? 587, provided that nonreceipt of the request was not a ground for relief.
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