People v. Millan Rodriguez, 2019 WL 3852665 (Cal.App. 4 Dist.)
Vacating a conviction because of inability to understand immigration consequences (Penal Code Section 1473.7)
On January 1, 2017, Penal Code section 1473.7 went into effect. It allows a defendant to challenge a conviction based on a guilty plea where prejudicial error affected the defendant’s ability to understand the immigration consequences of the plea.
(People v. Abdullah (Aug. 1, 2019, No. B290563) ___Cal.App.5th___ [2019 Cal. App. LEXIS 709].)
In 2002, Warith Deen Abdullah was convicted of 13 counts of armed robbery and one count of assault with a deadly weapon, and sentenced to 48 years four months in state prison. The sentence included firearm enhancements under Penal Code former section 12022.531 that were mandatory at the time of the sentencing. In 2017, the Department of Corrections and Rehabilitation (DCR) sent a letter to the trial court calling attention to errors in Abdullah’s abstract of judgment. Before the trial court, Abdullah argued that the court must hold a new hearing to sentence him “in the same manner as if he … had not law that came into effect after his original sentencing.
Abdullah argued that the court must exercise its discretion whether to strike his firearm enhancements pursuant to recently enacted Senate Bill No. 620 The trial court refused to consider striking the enhancements and instead simply corrected the errors in the abstract of judgment without altering the length of Abdullah’s sentence.
United States v. Haymond (2019) ___U.S.___ [139 S.Ct. 2369], 2019 U.S. LEXIS 4398; No. 17-1672
Supreme Court of the United States,, Decided June 26, 2019.
Imposition of a new and higher mandatory prison term for a parole violation requires jury trial
Trial Court may impose additional release conditions even after a defendant has posted bail
In re Webb, 2019 WL 2220410, S247074,May 23, 2019
Bettie Webb was arrested and charged with two felony counts of bringing controlled substances in to state prion and unauthorized possession of a controlled substance in a prison. She posted $50,000 bail and was released from custody. At arraignment, she pleaded not guilty to the charges. Over her objection, the court imposed, as an additional condition of release, that she waive her Fourth Amendment right to be free of warrantless or unreasonable searches.
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