People v. Germany

Opinion

MOSK, J.—

INTRODUCTION

In 1998, defendant and appellant Nathan Germany (defendant) pleaded nolo contendere to a single count of possession of a controlled substance (Health & Saf. Code, § 11350, subd. (a)) and admitted to a prior conviction within the meaning of Penal Code 1 sections 667, subdivisions (b) through (i) and 1170.12, subdivisions (a) through (d) (“Three Strikes” law). The trial court sentenced defendant to two years in state prison.

In 2003, after serving his prison term, defendant moved to vacate the judgment in his case pursuant to newly enacted section 1473.6, which allows…