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For the first time, some 14 months after a plea deal, I personally reviewed the case file searching for the truth and other aspects that would exonerate me. The criminal complaint alleges embezzlement and states that I was an employee of the company embezzled from. "Joe Doe, while an employee of XYZ company, did misappropriate cash and personal property in excess of $400........". This statement and the subsequent Information filed by the prosecutor were never heard or read by me and the public defender never noticed it and how the prosecutor came to this conclusion I have no idea.
Would this be grounds for post conviction relief if it is discovered 14 months after judgment, ie a new trial or dismissal?I am not and never have been an employee of the XYZ company.