Post-Conviction Relief! Health and Safety Code § 11366.5(a) “Allowing Place for Preparing or Storing a Controlled Substance” and Penal Code § 273a(b), “Cruelty to Child by Endangering Health” Felony Offenses Vacated Per Penal Code § 1473.7 Motion and Reneg

Recently, at the San Fernando Courthouse in Los Angeles County, Attorney Steve Escovar was able to successfully litigate a post-conviction Penal Code section 1473.7 Motion to vacate our client’s Health and Safety Code § 11366.5(a) “Allowing Place for Preparing or Storing a Controlled Substance” and Penal Code § 273a(b), “Cruelty to Child by Endangering Health” felony convictions from 2009.

In our motion, we relied on the analysis in the recently decided appellate opinions of People v. Mejia (2019) 248 Cal. Rptr. 3d 819, People v. Camacho (2019) 32 Cal. App. 5th 998, and People v. Ruiz (2020) 49 Cal. App. 5th 1061, to argue that our client failed to meaningfully understand and defend against the immigration consequences of her plea. The transcript of the plea proceedings still exists in this matter and indicates that our client was advised that immigration consequences “will” result. However, we argued that our client should have been advised that the immigration consequences that would result from her conviction would be mandatory and permanent. We also argued that our client should have been advised that she had the opportunity to seek to negotiate to alternative plea dispositions or charges that would not result in the immigration consequences she is currently facing.

The prosecution filed a written opposition to our motion arguing that we have failed to state a prejudicial error that our client suffered from given that she was advised “will” and also argued that we failed to establish that the charge was prejudicing our client. We then provided the prosecution with an equities package demonstrating our client’s good behavior since the offense, the fact that she is working two jobs to support her children, and her commitment to her children’s education.

After reviewing the equities package, the prosecution agreed to submit on the motion and allow our client to re-enter a plea to an immigration neutral offense.

This is a great result for our client and she will now be able to move forward with her immigration matter!


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