Recently, at the Torrance Courthouse, Los Angeles County Superior Court, Steve Escovar represented a client with 2 prior convictions. In 2007, the client had previously plead to two counts: Count one (1), Penal Code Section 459, Felony Burglary and Count two (2) Penal Code Section 470(d), Forgery and Counterfeiting.
Count one, the Penal Code Section 459(a), Felony Burglary sentence of 180 days of jail was vacated per 1473.7(a)(1) and a new sentence was imposed for 179 days of jail, credit for time served. On the Count two, Penal Code Section 470(d), Forgery and Counterfeiting charge, the conviction was vacated per Penal Code Section 1473.7(a)(1) and the charge was subsequently dismissed per Penal Code Section 1385.
Out-of-custody post-conviction relief was a necessary step for the client’s immigration status adjustment. As a result of this successful motion, the adverse immigration consequences that these convictions presented, were alleviated.
Count One (1): 2007 Burglary
At the Torrance Courthouse, Los Angeles County Superior Court, Mr. Escovar represented a client with a 2007 Penal Code Section 459(a), Burglary, conviction. In 2007, the client had previously served 180 days in Los Angeles County Jail.
Years later, the client hired Mr. Escovar and Mr. Escovar filed a written 1473.7(a)(1) motion to vacate the sentence. The judge granted the motion, and Mr. Escovar persuaded the judge to impose a new sentence of 179 days of county jail. The resentence was imposed as credit for time served. Thus, the client did not have to go into custody after vacating the sentence and accepting the reduced sentence.
Count Two (2): 2007 Forgery and Counterfeiting
At the same courthouse and on the same day regarding the same charging document (The Complaint), Mr. Escovar litigated the motion on a second charge, the 2007 Penal Code Section 470(d), Forgery and Counterfeiting, conviction. Mr. Escovar relied on the same motion to vacate pursuant to 1473.7(a)(1). The judge granted the motion, vacated client’s conviction for violating Penal Code Section 470(d) and then, dismissed count two per Penal Code Section 1385.
Why Does This Matter? — Crime Involving Moral Turpitude
Forgery is a crime involving moral turpitude. A conviction for a Crime Involving Moral Turpitude (CIMT) may present serious immigration obstacles in adjusting a person’s immigration status. As a result of the 2007 conviction for Forgery on the client’s record, the client was facing permanent deportation, exclusion from admission to the United States, and denial of naturalization.
What is a Penal Code § 1473.7(a)(1) Motion to Vacate?
Under Penal Code Section 1473.7(a)(1), a person who is no longer in criminal custody may file a motion to vacate a conviction or sentence if the conviction or sentence is legally invalid due to prejudicial error. The prejudicial error must damage the moving party's ability to:
(1) meaningfully understand,
(2) defend against, or
(3) knowingly accept the actual or potential adverse immigration consequences of a conviction.
In preparation for filing the motion, Mr. Escovar made an analysis of the contemporaneity factors of the client’s particular case, evaluated our litigation strategy, filed and argued a 1473.7(a)(1) motion to vacate the client’s conviction. His argument included successfully persuading the court that a prejudicial error existed that damaged the client’s ability to meaningfully understand the immigration consequences of the client’s guilty plea.
Result for Count 1: Sentence Vacated and New, Lesser Sentence Imposed, Time Served.
In the first count, the judge granted Mr. Escovar’s 1473.7(a)(1) motion to vacate the sentence, and Mr. Escovar persuaded the judge to impose a lesser sentence limited to 179 days of jail, time served.
Result for Count 2: Conviction Vacated and Case Dismissed.
In the second count, the Judge granted Mr. Escovar’s motion to vacate pursuant to 1473.7(a)(1) and the judge granted and signed an order to dismiss the charge pursuant to Penal Code Section 1385.
What Does This Mean for The Client?
As a result of Mr. Escovar’s representation the client can now take steps toward legally adjusting their immigration status. This result is another example of how Escovar Law, APC strives to be the Best California law firm for out-of-custody post-conviction relief, vacating convictions under Penal Code Section 1473.7(a)(1).
There are no guarantees and results may vary depending on the specific facts of each case.
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