The People v. Sibbu CA1/2

INTRODUCTION

The People1 appeal an order of the Sonoma County Superior Court granting defendant Goldwin Sibbu’s motion to vacate the November 21, 2008, judgment sentencing him to four years in prison for robbery (Pen. Code, § 211). 2 The court considered the motion as a petition for habeas corpus. Following briefing by both sides and an evidentiary hearing, the court set aside the judgment, including Sibbu’s plea, in its entirety on the grounds it was legally invalid ab initio for violation of his constitutional right to effective assistance of counsel, where counsel did not advise Sibbu of the immigration consequences of his plea. At no point in the proceeding below did the People object to the court’s considering the matter as a petition for habeas corpus on the ground that appropriate habeas corpus procedure was not followed. We shall affirm.

1 On this appeal, the People are represented by the Sonoma County District Attorney; not the Attorney General. 2 All statutory references are to the Penal Code, unless otherwise indicated.

BACKGROUND3

On May 12, 2008, Sibbu pleaded no contest to robbery (§ 211) and admitted personally using a knife in the commission of the offense…