In the Norwalk Courthouse of the Los Angeles County Superior Court, Mr. Escovar recently represented a client that had pled to a violation of Penal Code section 246.3-Discharge of a Firearm with Gross Negligence with an enhancement for gang activity under Penal Code section 186.22(b)(1)(a), this is a “Strike” offense. In addition to that plea, the client had simultaneously pled to a violation of Penal Code section 487 with an enhancement for principal armed under Penal Code section 12022.1, for a separate case on a separate date. He pled guilty to both cases in 2007, and he was sentenced to nine years in state prison. The individual arrived in the United States when he was only 3 years old. He committed these offenses when he was nineteen years old. In the last 18 years he committed no other crimes, married, bought a house and secured a good paying union job. These contemporaneous factors helped to persuade the judge to grant the motion overt the gang DA’s strenuous objection. It is important to keep in mind that post-conviction involves two steps, first, vacating the conviction and second achieving and immigration neutral result. Ideally, the case would be dismissed, but, occasionally a re-plea to and immigration neutral offense if fair and just. That is what we are now seeking. To be continued...
