Recently, Mr. Escovar appeared at the Clara Shortridge Foltz criminal court building in DTLA to represent two clients in separate post-conviction matters. Both cases were heard in front of the same judge with one Deputy District Attorney representing the People of the State of California, that is the Prosecution. In one case the client had previously pleaded guilty to a violation of Health and Safety Code section 11377(a)-simple possession of a controlled substance as a felony (by law these charges are now considered misdemeanors). The conviction was 13 years old, having occurred in 2012. Based on our legal research, the condition of the court file, the lack of a transcript of the plea and the excellent contemporaneous factors such as employment, family, letters of recommendation, the prosecutor “Submitted” on the motion, the judge then found the motion to be well taken and granted the Penal Code section 1473.7 motion, Mr. Escovar then requested that the charge be dismissed in the interest of justice per Penal Code section 1385, and the matter was completely dismissed. Now, the client can also have the arrest Sealed per Penal Code section 851.91.
The second case in the same courtroom on that day, also involved a controlled substance, but this case involved possession for sale of cocaine per Health and Safety code section 11351.5. This case was from 1996, and it too had an incomplete court file and a destroyed transcript. Given his strong mitigation packet the DA also submitted and the judge granted the motion to vacate and the motion to dismiss in the interests of justice. This arrest can also now be sealed.
A great day in court!
