Blog Posts in June, 2018

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  • What is a “Motion to Withdraw Plea Pursuant to Penal Code section 1018”?
    What is a “Motion to Withdraw Plea Pursuant to Penal Code section 1018”?

    Penal Code section 1018 permits a defendant to move to withdraw a plea of guilty or no contest at any time before judgment or within six months after an order granting probation is made (if entry of ...

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  • Post-Conviction Relief: Health & Safety Code section 11359(a) (Possession of Marijuana for Sales) Controlled Substance Offense – Vacated per Penal Code section 1016.5 & Dismissed per Penal Code section 1382:
    Post-Conviction Relief: Health & Safety Code section 11359(a) (Possession of Marijuana for Sales) Controlled Substance Offense – Vacated per Penal Code section 1016.5 & Dismissed per Penal Code section 1382:

    Recently, at the Central Courthouse in Los Angeles County, I was able to vacate my client’s plea pursuant to Penal Code section 1016.5 and dismiss the charge pursuant to Penal Code section 1385 (in ...

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  • AB 2867 – An Act to Amend Penal Code Section 1473.7 Currently Being Introduced in the Assembly
    AB 2867 – An Act to Amend Penal Code Section 1473.7 Currently Being Introduced in the Assembly

    On February 16, 2018, Assembly member Lorena Gonzalez Fletcher introduced AB-2867 to the 2017-2018 California Legislature. AB-2867 seeks to make significant amendments to Penal Code section 1473.7 - ...

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  • NEW Appellate Opinion Analyzing the Sentence Enhancements for Offenses Reclassified as Misdemeanors Pursuant to Proposition 47
    NEW Appellate Opinion Analyzing the Sentence Enhancements for Offenses Reclassified as Misdemeanors Pursuant to Proposition 47

    On June 21, 2018, the California Court of Appeal, Fifth Appellate District, certified for publication an opinion interpreting whether a one-year sentence enhancement under Penal Code section 667.5(b) ...

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  • Los Angeles County – San Fernando Courthouse - Penal Code § 1016.5/1473.7 Motion to Vacate Penal Code section 273.5(a), Conviction Granted!
    Los Angeles County – San Fernando Courthouse - Penal Code § 1016.5/1473.7 Motion to Vacate Penal Code section 273.5(a), Conviction Granted!

    Recently, in Los Angeles County at the San Fernando Courthouse I successfully litigated a Penal Code § 1016.5/1473.7 motion arguing that our client was not properly advised of the immigration ...

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  • NEW Appellate Opinion Analyzing the Court’s Discretion to Terminate Probation Early in Domestic Violence Cases
    NEW Appellate Opinion Analyzing the Court’s Discretion to Terminate Probation Early in Domestic Violence Cases

    On June 11, 2018, the California Court of Appeal, Fourth Appellate District, certified for publication an opinion discussing the trial court’s discretion to terminate probation early in domestic ...

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