People v. Mbaabu, 213 Cal.App.4th 1139, ____, 152 Cal.Rptr.3d 818, 824 (4th Dist. Feb. 14, 2013) (Because the writ of error coram nobis applies where a fact unknown to the parties and the court existed at the time of judgment that, if known, would have prevented rendition of the judgment, the remedy does not lie to enable the court to correct errors of law. (People v. Kim, supra, 45 Cal.4th at p.

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.

People v. Mbaabu, 213 Cal.App.4th 1139, ____, 152 Cal.Rptr.3d 818, 825 (4th Dist. Feb. 14, 2013) (Finally, defendant did not demonstrate diligence in pursuing his remedies by failing to appeal the denial of his original motion, given that Padilla had already been decided, and was cited by defendant, when the first motion was made.).

People v. Mbaabu, 213 Cal.App.4th 1139, ____, 152 Cal.Rptr.3d 818, 825 (4th Dist. Feb. 14, 2013) (Because we must affirm if the court's ruling was correct on any basis, we consider alternative bases for the order. (People v. Jones (2012) 54 Cal.4th 1, 50, 140 Cal.Rptr.3d 383, 275 P.3d 496 [a ruling or decision, itself correct in law, will not be disturbed on appeal merely because given for a wrong reason. If right upon any theory of the law applicable to the case, it must be sustained regardless of the considerations which may have moved the trial court to its conclusion.]; see also People v.

People v. Mbaabu, 213 Cal.App.4th 1139, ____, 152 Cal.Rptr.3d 818, 826 (4th Dist. Feb. 14, 2013) (But once a defendant has been released and is no longer subject to parole or probation, he or she is no longer in constructive custody and this avenue [habeas corpus] is foreclosed. (People v. Villa (2009) 45 Cal.4th 1063, 1069"1070, 90 Cal.Rptr.3d 344, 202 P.3d 427; see also People v. Kim, supra, 45 Cal.4th at p. 1108, 90 Cal.Rptr.3d 355, 202 P.3d 436.)).

People v. Mbaabu, 213 Cal.App.4th 1139, 152 Cal.Rptr.3d 818, 826 (4th Dist.Feb. 14, 2013) (Moreover, collateral consequences of a criminal conviction"even those that can later form the basis of a new criminal conviction"do not of themselves constitute constructive custody. (Villa, at p. 1070, 90 Cal.Rptr.3d 344, 202 P.3d 427.)).

People v. Mbaabu, 213 Cal.App.4th 1139, ____, 152 Cal.Rptr.3d 818, 826 (4th Dist.Feb. 14, 2013) ([T]he statement by defendant's counsel that defendant would not have pled guilty if he had been properly admonished does not establish a reasonable probability of a more favorable result. Without the plea bargain, defendant faced two felony charges and there is nothing in the record to support a conclusion that he would have been convicted of anything less than two felonies if he had proceeded to trial, or that the People would have been amenable to a 364"day disposition.).

People v. Mbaabu, 213 Cal.App.4th 1139, ____, 152 Cal.Rptr.3d 818, 826 (4th Dist. Feb. 14, 2013) (Third, the defendant failed to exercise diligence in presenting his claims timely. The Padilla decision came down approximately three weeks after the defendant entered his plea, and was issued more than a year prior to the original motion to reduce the sentence which was later amended to seek to withdraw the plea. Defendant did not appeal the denial of the first motion. Instead, he filed a second motion in the superior court several months later.

Ramos v. U.S. Attorney General, ___ F.3d ___, 2013 WL 599552 (11th Cir. Feb.

Ramos v. U.S. Attorney General, ___ F.3d ___, ___, 2013 WL 599552 (11th Cir. Feb. 19, 2013) (an aggravated felony theft offense, under INA 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G), is defined as: the taking of property ... with the criminal intent to deprive the owner of rights and benefits of ownership, even if such deprivation is less than total or permanent.); quoting Gonzales v. Duenas"Alvarez, 549 U.S. 183, 189, 127 S.Ct. 815, 819"20, 166 L.Ed.2d 683 (2007).