Perez v. Super. Ct.
Citing Penal Code section 1237.5[1] the superior court denied the request by petitioner Jorge Armando Juarez Perez for a certificate of probable cause. Petitioner contends the request states arguable issues on appeal, and therefore it was an abuse of discretion for the court to deny the request. The Attorney General has indicated it has no objection to this court granting the relief requested in the instant petition.[2] We agree with petitioner and grant the petition.
In August 2012, petitioner was charged in a felony complaint with one count of possession for sale of a controlled substance and one count of possession of a firearm on school grounds. Petitioner’s family was concerned that petitioner’s legal issues would present immigration problems for him based on his status as a permanent legal resident. They hired attorney Alex Perez to defend him on his drug case based on Perez’s representations that he could handle petitioner’s criminal matter and avoid petitioner’s deportation to Mexico.
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