Post-Conviction Relief! Health and Safety Code section 11377(a), “Possession of Methamphetamine” Offense Vacated Per Penal Code § 1473.7 Motion and Renegotiated to Penal Code section 647(f),“Public Intoxication”!

Recently, in Los Angeles County at the Clara Shortridge Foltz Courthouse our office successfully litigated a Penal Code § 1473.7 motion arguing that our client failed to meaningfully understand the immigration consequences that would result from his 1994 Health and Safety Code section 11377(a) “Possession of Methamphetamine” conviction.

In 1994, our client was originally placed on a diversion program for a period of 24 months. Our client’s diversion program was terminated unsuccessfully after our client failed to appear for progress reports. In 1996, our client entered a plea to the charged offense and was ordered to serve 30 days in the county jail.

According to our client’s immigration attorney, this conviction subjected him to deportation and denial of naturalization.

Thus, our office obtained a copy of the docket and investigated what other documents were still in existence. The transcript of the plea was unable to be prepared because the court reporter’s notes have since been destroyed. However, according to the docket, our client was advised that the plea “may” have immigration consequences. Our office then filed a motion arguing that this purported advisement fails to accurately advise our client of the certain and permanent immigration consequences of his conviction.

Prior to the hearing on the motion, the prosecution called our office and informed us that they had reviewed the motion and were going to submit on vacating the plea. We were then able to negotiate to a Penal Code section 647(f) offense as an misdemeanor, which would assist our client with his immigration case.

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