Penal Code Section 418, Vacated and Dismissed! - Superior Court of Orange County
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By
Steve Escovar
Recently, in the Superior Court of Orange County, the Santa Ana Courthouse, Mr. Escovar filed a Penal Code section 1473.7 motion on behalf of a client who had been convicted of violating Penal Code section 418 (a misdemeanor for using force to enter upon any lands). It had been a plea agreement reduction from a residential Burglary in 2001. However, according to the client’s immigration attorney, the language of Penal Code section 418 put the client at risk of being deported, excluded, and denied naturalization, since it could be interpreted as a Crime Involving Moral Turpitude (CIMT). Based on Mr. Escovar’s motion and the presented “Contemporaneous” factors of our client’s life in the United States, work history, nature of the offense and strong advocacy, the DA “Submitted” on the motion (i.e. did not oppose) and the motion was granted! The DA then announced that the prosecution was unable to proceed on the criminal case, so Mr. Escovar made a motion to the court to dismiss the case per Penal Code section 1382. The court granted the motion and the case was completely dismissed! Another fantastic victory for our client. The client is now eligible to “Seal” his history on this case per Penal Code section 851.91.
