[CA] Can I reopen a 2009 drug case to remove a gang enhancement strike using a Penal Code 1473.7 motion?

Lexi, Chatbot

I understand that you're looking to challenge your case from 2009, which can be quite complex. Have you already consulted with a lawyer about your situation? What specific evidence are you hoping to suppress in your case?

Lexi, Chatbot

Is there anything else the criminal lawyer should know before I connect you? Rest assured they'll be able to help with your drug case.

Queeneth E. Esq

Hello, my name is Queeneth. I am an attorney with over 8 years of legal experience. I will do my best to assist you today with your problem. Kindly note that our conversation does not establish an attorney-client relationship.

Can you share whether you were convicted or if your case resulted in a plea deal, dismissal, or another outcome back in 2009? Have you already completed any sentence or probation related to this case, or is there still some part of the legal process ongoing?

Queeneth E. Esq

Thank you for the feedback. Please allow me some time to prepare a response. I will get back to you shortly.

Queeneth E. Esq

A writ of error coram nobis is possible but very limited. California still allows it, but only for three very narrow reasons. You must prove:

1. There was a fact unknown to the court at the time of the plea
2. That fact was not your fault and could not have been discovered earlier
3. That fact would have prevented the conviction

It cannot be used to challenge constitutional issues like illegal search, improper sweep, or lack of probable cause. It also cannot be used for issues you could have raised before, such as a motion to suppress or appeal. (CA Penal Code § 1538.5)

Search-and-seizure issues cannot be raised in coram nobis. California courts are extremely clear on this. You cannot use a writ of error coram nobis to reopen your 2009 case to file a motion to suppress. California will deny it immediately.

People v. Sanders is a Fourth Amendment suppression case that applies before trial, before a plea, or on direct appeal. But you already took a plea deal, finished probation, and are years past the deadline for direct appeal. (CA Penal Code § 1237)

There is one exception in modern California law that may allow you to reopen the case. You may be able to file a Penal Code §1473.7 motion. This law allows you to vacate an old conviction if you did not meaningfully understand the consequences of the plea or the plea was not knowing and voluntary due to bad advice or other issues. (CA Penal Code § 1473.7)

Many people reopen old drug cases under PC 1473.7 if:

• They were rushed into a plea
• Did not understand their rights
• Their lawyer failed to file a motion to suppress
• They were misled about the evidence

This might be the angle for you. Is there anything else you would like me to explain?

Queeneth E. Esq

Yes, you can use the new gang enhancement law to remove the strike, and your facts qualify for a PC 1473.7 motion. You have one of the strongest cases I’ve seen.

Anything else you would like me to explain?

Queeneth E. Esq

You're right that PC 1473.7 started as an immigration-focused law, but it has expanded beyond that. Today, it applies when a defendant could not meaningfully understand or knowingly accept the plea, even if not immigration-related.

Your case—where you were misadvised about CPS and strikes—fits this. Under AB 333, older gang enhancements are now invalid unless stricter criteria are met.

You can argue:

1. You were pressured into the plea
2. You did not understand consequences
3. Your plea was not knowing or voluntary
4. The enhancement would not be valid today

Changes in law are not “newly discovered evidence.” Your claim fits under prejudicial error affecting your ability to knowingly enter the plea.