California Legal Brief

AI-Generated Practitioner Briefs of California Appellate Opinions

post-conviction relief

1 opinion tagged “post-conviction relief”

P. v. Avena 3/26/26 CA4/2

The Rule of People v. Avena is that a defendant who went to trial may obtain relief under Penal Code section 1473.7 by showing a reasonable probability that they would have accepted an immigration-safe plea and that the prosecution and court would have accepted such a plea, under circumstances where intervening case law created immigration-safe plea options that were not available when counsel initially represented the defendant.