People v. Mbaabu, 213 Cal.App.4th 1139, ____, 152 Cal.Rptr.3d 818, 824 (4th Dist. Feb. 14, 2013) (where defendant brought motion to withdraw plea, which was denied, and three months later brought second motion to vacate the judgment on the identical ground, it was an abuse of discretion not to deny the second motion on the basis of res judicata: A prior appealable order becomes res judicata in the sense that it becomes binding in the same case if not appealed. (In re Matthew C. (1993) 6 Cal.4th 386, 393, 24 Cal.Rptr.2d 765, 862 P.2d 765.) The defendant's original motion, amended to request leave to withdraw his plea due to ineffective assistance of counsel, was appealable as an order after judgment. ( 1237, subd. (b).)).

 

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