March 24, 2017

Another Prop. 47 opinion, and one about advising criminal defendants of a plea’s immigration consequences, are filing Monday

On Monday morning, the Supreme Court will file opinions in People v. Romanowski and People v. Patterson, which were both argued on the January calendar.

Romanowski will be the court’s second Proposition 47 opinion in four days, after yesterday’s decision that cashing a stolen check is “shoplifting.”  The Monday decision will determine whether Proposition 47, which reclassifies as a misdemeanor any grand theft involving property valued at $950 or less (Pen. Code, § 490.2), applies to theft of access card information in violation of Penal Code section 484e, subdivision (d).

In Patterson, the court will decide whether defendant was entitled to withdraw his plea (Pen. Code, § 1018) because his trial counsel assertedly provided constitutionally inadequate assistance of counsel during plea negotiations by failing to investigate and advise defendant of the immigration consequences of his plea.

The opinions can be viewed Monday starting at 10:00 a.m.

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