P. v. Limon CA4/3
In 1989, defendant Felipe Vasquez Limon pled guilty to one count of sale of a controlled substance (cocaine). He was sentenced to three years’ probation. In 2001, defendant filed a petition for relief seeking to set aside and vacate his guilty plea and dismiss the criminal complaint. (Pen. Code, § 1203.4; all further statutory references are to the Penal Code). The petition was granted, and his case was dismissed. The dismissal apparently did not affect the immigration consequences of his drug conviction.
On March 20, 2017, defendant filed a motion to vacate his conviction under section 1473.7. That statute permits a person who is not in custody to challenge a conviction on the basis that he did not understand the immigration consequences of his plea. The prosecution opposed the motion. On August 7, 2017, the superior court denied the motion.
Comments on P. v. Limon CA4/3