P. v. Morales CA2/5
On July 14, 2014, Morales, who was represented by counsel Joseph T. Gibbons, pleaded no contest to possessing for sale a controlled substance (Health & Saf. Code, § 11351) and possessing for sale a designated controlled substance (Health & Saf. Code, § 11375, subd. (b)(1)). The probation officer’s report stated that Morales was a citizen. Before accepting the plea, the trial court stated, “If you are not a citizen, this conviction will result in deportation, denial of naturalization, denial of the right to come back into the county. ¶ Are you, in fact a U.S. citizen?” Morales responded, “Yes, your honor.” The trial court sentenced him to seven years in prison.
On April 5, 2021, Morales in propria persona filed a motion to vacate his conviction pursuant to section 1473.7, subdivision (a)(1). He requested that the court hold a hearing in his absence because he was in federal immigration detention in Adelanto, California.
Comments on P. v. Morales CA2/5