Two Post-Conviction Relief Motions Granted in One Day for Two Different Clients! Conviction to Assault with a Deadly Weapon (Penal Code section 245(a)(1)) Sentence Modified per Penal Code section 1473.7 and Conviction to Transportation of a Controlled Subs

Today, attorney Steve Escovar was able to obtain post-conviction relief for two clients at two different courthouses!

First, Mr. Escovar’s motion pursuant to Penal Code section 1473.7 to vacate his client’s 2003 sentence of 365 days in the county jail was granted and Mr. Escovar was able to re-negotiate to an immigration neutral 364-day sentence. The client had previously pled to Penal Code section 245(a)(1), Assault with a Deadly Weapon, and had been sentenced to serve 365 days in the county jail. This sentence was causing our client devastating immigration consequences.

Then, Mr. Escovar was able to successfully argue a Penal Code section 1016.5 motion to vacate our client’s 1986 conviction to Health and Safety Code section 11352, Transportation of a Controlled substance for Sales. In the written motion, we argued that there was no evidence that our client was provided the proper advisement pursuant to Penal Code section 1016.5. The prosecution submitted on our motion and the court vacated the conviction and dismissed the underlying charges pursuant to Penal Code section 1382.

These are two amazing results for our clients that will bring them closer to realizing their immigration goals!


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