top of page
Search

REVERSED: Denial of Motion to Withdraw Plea

People v. Rodriguez Court: California Courts of Appeal, Docket: A159679(First Appellate District), Opinion Date: August 30, 2021. In 2005, Rodriguez pleaded no contest to the charge of possession for sale of methamphetamine. She was placed on probation. She brought her Penal Code 1473.7 motion soon after she was detained by federal authorities, facing deportation. She submitted declarations of her own and from the law office that represented her, stating that her conviction was legally invalid because a prejudicial error damaged her ability to meaningfully understand the actual or potential adverse immigration consequences of her no contest plea. She stated that she had come to the U.S. when she was an infant and that her family, including her two young children, her parents, and her five sisters, all live in the U.S. The trial court rejected her motion, noting that she appeared to be on probation in another case and that she failed to show there was a reasonable probability that she would not have entered her plea if she had been fully informed of its adverse immigration consequences. The court of appeal reversed the denial of Rodriguez’s motion. Rodriguez's probation status in a separate case did not bar her motion. She showed it was reasonably probable that she would not have entered her plea if she had known its adverse immigration consequences.


Does your loved one have a paid subscription to the PLU MAX! legal newsletter? You can receive a pdf version emailed to you as an add-on for only $13.99 per year! You can read along with them and share information! It’s never been easier! Email us at info@possesolutions.com for more information, or call us at (213) 340-1232 to place your order!




24 views0 comments

Recent Posts

See All
bottom of page