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Legal Opinion

People v. Cervantes

California Court of Appeal

Decided June 25, 2009No. B209350PublishedCited by 31 opinions

1Opinion of the Court

Opinion

GILBERT, P. J.

The trial court knows that defendant is an undocumented alien and agrees it will suspend a state prison term and grant him probation if he pleads guilty to a charged criminal offense. Defendant pleads guilty to the charged offense and receives a grant of probation. He is unable to appear for a 30-day review hearing because he is in the custody of immigration authorities. Under these circumstances, defendant is not in violation of probation.

Jose Navarro Cervantes pled guilty to corporal injury to a former cohabitant (Pen. Code, § 273.5) and false imprisonment (id., § 236).…

2Cases cited13 opinions

  1. Prieto-Romero v. ClarkCourt of Appeals for the Ninth Circuit · 2008
  2. Daniel Magana-Pizano v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1999
  3. People v. WalkerCalifornia Supreme Court · 1991
  4. People v. GilbertCalifornia Supreme Court · 1944
  5. Curry v. Superior CourtCalifornia Supreme Court · 1970

8 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. People v. RodriguezCalifornia Court of Appeal · 2013
  2. People v. MooreCalifornia Court of Appeal · 2012
  3. People v. Puluc-SiqueCalifornia Court of Appeal · 2010
  4. People v. Kevin F.California Court of Appeal · 2015
  5. People v. Sanchez, California Court of Appeal, 5th District2019

26 more not listed; retrieve them via the Exa API.

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