Tomorrow morning, the Supreme Court will file its opinion in People v. Maya, its first for a February calendar case.  (Briefs here; oral argument video here.)

The question in Maya is whether Penal Code section 1203.4a, subdivision (a), which sets forth a procedure to obtain the setting aside of a guilty verdict, authorizes a court to consider an individual’s time spent in immigration custody after judgment of conviction, as part of the determination whether that individual has “lived an honest and upright life”?

There’s little doubt about the answer to the question, which was phrased by court staff.  The Attorney General conceded in his brief and at oral argument that a court may consider custody time.  The only point of dispute is whether the case should be remanded to the superior court for a new hearing, as the defendant wants and as the court at oral argument seemed inclined to order.

The court is deciding this case unusually quickly, perhaps because of the Attorney General’s concession.  Review was granted last July, and the court scheduled argument the week after it sent an oral argument letter and just 16 days after the reply brief was filed.  Also, unlike in most cases, the court is issuing its decision with plenty of time left in the 90-day period.

The opinion can be viewed tomorrow starting at 10:00 a.m.