(DOWNLOAD) "People v. Villa" by Colorado Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: People v. Villa
- Author : Colorado Supreme Court
- Release Date : January 16, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Avelino Ceja Villa, a lawful resident alien, pleaded guilty to a felony in this state in 1989 and served a three-year period of probation. Now, many years later, he is facing removal from this country by federal immigration authorities, allegedly because of his 1989 conviction. In a companion case, we address whether, and to what extent, persons in similar situations are entitled to have their guilty pleas vacated by a writ of error coram nobis. (People v. Kim (Mar. 16, 2009, S153183) __ Cal.4th ___.) In this case, we hold that because Villa is no longer in California custody as a result of his 1989 conviction, but is instead in federal custody in another state, he is ineligible for relief by way of a writ of habeas corpus. In suggesting otherwise, the Court of Appeal erred.