Post-Conviction Relief: Health & Safety Code section 11351 (Possession of Drugs for Sale) w/ Special Allegation Per Penal Code section 1203.07(1) (Possession of 14.25 Grams or More of Heroin) Offense Vacated Per Penal Code section 1016.5 & Dismissed

Recently, at the Long Beach Courthouse in Los Angeles County, I obtained a dismissal on behalf of my client for her Health & Safety Code section 11351 (Possession of Drugs for Sale) w/ Special Allegation Per Penal Code section 1203.07(1) (Possession of 14.25 Grams or More of Heroin) offense from 1983. My client originally pled to the charges in 1983 and was sentenced to state prison for two years.

The transcript of the plea for this matter still exists and according to this transcript, during the plea colloquy our client was only advised of the deportation consequence of her plea. Penal Code section 1016.5 mandates that non-citizen defendants be advised that the plea may cause deportation, denial of naturalization, and exclusion from admission. Because our client was only advised of the deportation consequence of her plea, the court failed to comply with Section 1016.5.

Based on the insufficient record showing that our client was provided the complete immigration advisements required by Penal Code section 1016.5, we filed a motion to withdraw the plea. We argued that the court failed to advise our client that she could face denial of naturalization and exclusion from admission as a result of her plea.

At the hearing on the motion, the prosecution submitted on our motion and the judge granted the motion. The prosecution then announced they were unable to proceed under Penal Code section 1382 and the case was dismissed!

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