P. v. Prado
Appellant Salvador Prado filed a petition in the Santa Clara Superior Court seeking to vacate a conviction he sustained in 1999 for possessing a controlled substance for sale. The petition presented an unusual difficulty, however, for the judgment he sought to overturn had been rendered in Contra Costa County, not Santa Clara County. This fact was apparently overlooked by the court below, which mistakenly supposed that defendant was challenging a 2007 conviction he had sustained in Santa Clara County. After reviewing the record in that case, the court denied the petition on the merits. On appeal from that order, defendant contends that the court should not have adjudicated the validity of either judgment. We agree, and will reverse with directions to dismiss the petition without prejudice.
Comments on P. v. Prado