Recently, at the Los Angeles Superior Court-Compton Branch, we represented a client who was originally charged with violations of Penal Code section 207(a) Kidnapping, section 264.1-Rape in Concert, section 286 Sodomy, and section 245(a)(1)-Assault likely to cause great bodily injury. The case was over 30 years old. The client had pled to only the Penal Code section 245(a)(1) charge and had been sentenced to two (2) years in the State Prison.
We were hired to evaluate the case and assess the viability of post-conviction relief. We had to keep in mind, that even if we were to be successful in vacating the conviction, that would restart the case with all of the very serious sex offense charges being reinstated, and, thus, the risk of a jury trial and even more serious convictions and sentences.
Based on our client’s actual conduct in the case, her personal history contemporaneous to the plea and since the offense, and based on our experience with the Compton court, we recommended moving forward with the motion to vacate. The District Attorney’s Office assigned a “Specially Assigned” Sex Crime DDA to handle the case. Based on our legal motion, the equities that we presented and based on our advocacy the DDA agreed to “Submit” on the motion, meaning not challenge our assertions.
However, the judge still had to make a decision. Given the very serious nature of the conduct and the prior prison sentence, this was not an automatic result. The judge took the bench and stated that he had thoroughly read the motion, did research and was ready for the hearing. I explained to the judge our posture on the case with the DDA and he agreed that the motion was “well taken”. He granted the motion to vacate per Penal Code section 1473.7 (a)(1) and then the motion to dismiss per Penal Code section 1382 (People Unable to Proceed). We were able to accomplish this even without out our client ever having to appear in court. Vacated and Dismissed!
