People v. Mejia
California Court of Appeal, 5th District
1Opinion of the CourtMoore, J.
In 2016, the Legislature created a new law, which became effective in January 2017, allowing a person who is no longer in custody to file a motion to vacate a conviction because: "The conviction or sentence is legally invalid due to a prejudicial error damaging the moving party's ability to *821meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a plea of guilty or nolo contendere." ( Pen. Code, § 1473.7, subd. (a)(1), italics added.)1
Courts routinely interpreted the new statute to mean that in order to vacate a conviction, a…
2Cases cited19 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Boykin v. AlabamaSupreme Court of the United States · 1969
- Padilla v. KentuckySupreme Court of the United States · 2010
- Jae Lee v. United StatesSupreme Court of the United States · 2017
- In Re TahlCalifornia Supreme Court · 1969
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3Cited by34 opinions
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- People v. Bohmwald CA2/7California Court of Appeal · 2021
- People v. BravoCalifornia Court of Appeal · 2021
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