Legal Opinion
State v. Cervantes
Court of Appeals of Washington
Decided July 12, 2012No. 29595-8-IIIPublishedCited by 11 opinions
1Opinion of the CourtBrown, J.
¶1 Seeking to avoid immigration consequences, Miguel Gomez Cervantes (a/k/a Miguel Cervantes Valdovines)1 appealed the trial court’s denial of his November 2010 motion to vacate his 1994 judgment and sentence. The trial court denied his motion to vacate because it had previously vacated the offense at his request in 2005 under RCW 9.94A.640 after he had served his sentence. We reason the trial court retained jurisdiction to address Mr. Gomez’s later motion. In light of State v. Sandoval, 171 Wn.2d 163, 249 P.3d 1015 (2011), we withdrew our March 2012 opinion to reconsider Mr. Gomez’s…
2Cases cited22 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Padilla v. KentuckySupreme Court of the United States · 2010
- State v. McFarlandWashington Supreme Court · 1995
- Washington State Physicians Insurance Exchange & Ass'n v. Fisons Corp.Washington Supreme Court · 1993
- State v. ThomasWashington Supreme Court · 1987
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3Cited by11 opinions
- State of Washington v. Dallin David FortCourt of Appeals of Washington · 2015
- State v. Alcantar-MaldonadoCourt of Appeals of Washington · 2014
- State v. RamosCourt of Appeals of Washington · 2014
- People v. Espino-PaezColorado Court of Appeals · 2014
- People v. Corrales-CastroColorado Court of Appeals · 2015
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