Legal Question in Appeals and Writs in California

Can I appeal case?

I was arrested for stalking in 2001 and took the deal offered to me which was that after the succesful completion of 3 years of probation, the charges would be dropped to 2 misdemeanors (terrorist threats and harrassment). I believe that I could have won the case in a trial but my lawyer was incompetent and told me that I could not afford a trial. About a few months before my probation was up, I was arrested for a drugs (3 felonies) The deal I made was to plead guilty to transportation and the other charges were dropped. Unfortunately at this point, the previous offer became void and I was officially charged with felony stalking on the same day. My question is this: Is it at all possible to take the stalking conviction back to court and try to prove that the evidence against me was not sufficient to charge me with stalking? Could I request a new trial after all this time has passed? Any other options as to how I can get that charge off of my record?


Asked on 7/30/05, 5:51 pm

2 Answers from Attorneys

James Goff James R. Goff, Attorney at Law

Re: Can I appeal case?

You need to talk to a lawyer. It is difficult to assess the availability of a remedy on the minimal information provided. It does not appear that an appeal would be available to attack the facts underlying the original charge. If as you contend that your original counsel was ineffective in assisting you in your negotiated plea agreement, a petition for writ of habeas corpus might be available to attack your original plea. Unfortunately with the passage of time it is incumbent on you to explain why you did not seek redress of your complaint earlier. It appears that you are only complaining about sour grapes because your deal did not work to your advantage. As I indicated you need to consult with an attorney to evaluate your options. Good luck.

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Answered on 8/01/05, 3:32 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Can I appeal case?

Your time to appeal your earlier conviction ended long ago. Even if you could still bring an appeal, pleading guilty waives any argument you might have had about the sufficiency of the evidence against you.

Pleading guilty eliminates most arguments that could otherwise be made on appeal, unless the defendant obtains a certificate of probable cause (CPC) from the judge agreeing that there is some merit to an argument which would otherwise be deemed waived. But CPC's are not available for sufficiency-of-the-evidence arguments, since the defendant's plea *caused* the prosecution not to reveal the evidence it would have introduced at trial. Besides, even with a CPC the notice of appeal would still have to be filed before the regular deadline. Your deadline passed years ago.

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Answered on 7/31/05, 6:39 pm


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