Novoa
People v. Novoa
Opinion
Lead Opinion
Huffman, J.
*566 In March 2003, Raul Benjamin Novoa pled guilty to possession of methamphetamine for sale ( Health & Saf. Code, § 11378 ). The trial court sentenced him to 180 days in county jail and three years' probation. In 2012, the United States began deportation proceedings against Novoa, which are continuing today.
In May 2017, Novoa moved to vacate his 2003 conviction per Penal Code 1 section 1473.7. After a lengthy evidentiary hearing, the trial court granted Novoa's motion.
The People appeal, contending the trial court erred in (1) holding Novoa's trial counsel to a duty the law did not require and (2) finding Novoa suffered prejudice. In support of the People's position, they assert the superior court's *567 factual findings were not supported by substantial evidence. Moreover, they argue laches prohibits Novoa's motion.
We conclude the People's arguments are without merit, and thus, we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
Guilty Plea
The record of Novoa's guilty plea and the underlying circumstances of his offense are less than clear. There is no reporter's transcript of the hearing wherein Novoa pled guilty. The preliminary hearing transcript, police reports, and…