1 1 1 1 1 0 1 Firm, Attorney at Law State Bar Number: Address: Telephone: Facsimile: Attorneys for Defendant SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF LOS ANGELES THE PEOPLE OF THE STATE OF CASE NO: CALIFORNIA, Plaintiff, NOTICE OF MOTION AND MOTION TO WITHDRAW GUILTY PLEA, ENTER NOT GUILTY PLEA AND DISMISS THE COMPLAINT PURSUANT TO PENAL CODE SECTION. v., Judge: Dept.: Date: Time: Defendant. TO: THE PEOPLE ABOVE-NAMED AND THEIR ATTORNEY, THE DISTRICT ATTORNEY FOR THE COUNTY OF LOS ANGELES, JACKIE LACEY: NOTICE IS HEREBY GIVEN that on the above date and time, or as soon thereafter as counsel may be heard in the courtroom assigned for this matter, Defendant, by and through his attorneys,, will move this court to withdraw his guilty plea, enter a not guilty plea and dismiss the complaint pursuant to Penal Code section.. / / / / / /
This motion is based upon this notice, the memorandum of points and authorities, and all declarations, pleadings, papers, exhibits and records filed herein, as well as oral argument. Dated: Respectfully submitted, 1 1 1 1 1 0 1 By: Attorneys for Defendant
Firm Attorney State Bar Number: Telephone: Facsimile: Attorneys for Defendant 1 SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF LOS ANGELES 1 1 1 1 0 1 THE PEOPLE OF THE STATE OF CASE NO.: CALIFORNIA, Plaintiff, NOTICE OF MOTION AND MOTION TO WITHDRAW GUILTY PLEA, ENTER NOT GUILTY PLEA AND DISMISS v. THE COMPLAINT PURSUANT TO PENAL CODE SECTION., Judge: Dept.: Defendant. Date: Time: FACTUAL AND PROCEDURAL BACKGROUND 1. On or about, in the Los Angeles County Superior Court, Defendant entered a guilty plea to a violation of, in Case No..
. Defendant was granted deferred entry of judgment pursuant to Penal Code section 00 et seq.. Defendant completed his Penal Code section 00 deferred entry of judgment program and his case was dismissed on. (See copy of court docket for Case No. attached as Exhibit A. 1 1 1 1 1 0 1 MEMORANDUM OF POINTS AND AUTHORITIES I. DEFENDANT IS ENTITLED TO HAVE THE COMPLAINT IN THIS CASE DISMISSED PURSUANT TO NEWLY ENACTED PENAL CODE SECTION. Pursuant to Penal Code section., the statement in Section 00. that successful completion of a deferred entry of judgment program shall not, without the defendant s consent, be used in any way that could result in the denial of any employment benefit, license or certificate constitutes misinformation about the actual consequences of making a plea in the case of some defendants, including all non-citizen defendants, because the disposition of the case may cause adverse consequences, including adverse immigration consequences... [B]ased on this misinformation and the potential harm, the defendant s prior plea is rendered invalid. Penal Code section.(a. Penal Code section. further provides that [f]or the abovespecified reason, in any case in which a defendant was granted deferred entry of judgment on or after January 1,, has performed
1 1 1 1 1 0 1 satisfactorily during the period in which deferred entry of judgment was granted, and for whom the criminal charge or charges were dismissed pursuant to Section 00., the court shall, upon request of the defendant, permit the defendant to withdraw the plea of guilty or nolo contendre and enter a plea of not guilty, and the court shall dismiss the complaint or information against the defendant. During the period in which deferred entry of judgment was granted in this matter, Defendant satisfactorily performed all of his obligations and the criminal charges against him were dismissed pursuant to Penal Code section 00.. (See copy of court docket for Case No. BA0 attached as Exhibit A. Pursuant to Penal Code section., Defendant respectfully requests permission to withdraw his guilty plea, enter a plea of not guilty and further requests that the complaint be dismissed. This application may be granted by the court without a formal hearing. Penal Code section.(b. II. THE DEPARTMENT OF JUSTICE MUST BE NOTIFIED IF THIS APPLICATION IS GRANTED Penal Code section 1 states that when the Court orders any action subsequent to the initial disposition of a case, the Court shall report this to the California Department of Justice. The report is necessary to ensure that defendant obtains the full benefit of the Court's order granting this application.
CONCLUSION For all of the foregoing reasons, we move this court to withdraw Defendant s guilty plea, enter a not guilty plea and dismiss the complaint pursuant to Penal Code section.. Dated: Respectfully submitted, 1 1 1 1 1 0 1 By: Attorney for Defendant
1 1 1 1 1 0 1 SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF LOS ANGELES THE PEOPLE OF THE STATE OF CASE NO: CALIFORNIA, Plaintiff, ORDER PURSUANT TO PENAL CODE SECTION. v., Judge: Dept.: Date: Time: Defendant. ORDER In Case No., the court hereby permits Defendant, to withdraw his guilty plea, enter a plea of not guilty and dismisses the complaint against him pursuant to Penal Code section.. It is so ordered. Dated, 01. Judge of the Superior Court