People v. Gari
199 Cal. App. 4th 510
Cal. Ct. App.2011Background
- Bernard Gari became a U.S. citizen on October 4, 1989 after filing form N-445A asserting no post-petition crimes for which he had not been arrested.
- In 1993 he pled guilty to 10 counts of child molestation and was sentenced to six years; the offenses included acts before and after the petition date.
- In 2010 federal authorities sought to revoke his citizenship based on the timing of those offenses relative to his petition and oath.
- Gari moved in state court to withdraw the guilty pleas, arguing lack of warning about possible citizenship consequences; the court granted relief only as to counts with immigration consequences.
- The prosecution appealed; the state appellate court reversed, holding the motion lacked legal basis under 1016.5, coram nobis, and equity principles.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Penal Code 1016.5 authorize postjudgment relief? | People contends 1016.5 does not support postjudgment relief. | Gari argues 1016.5 or inherent equity powers permit withdrawal. | No; 1016.5 does not authorize postjudgment relief. |
| Is writ of error coram nobis available here? | People argues writ relief is inappropriate postjudgment for these facts. | Gari contends coram nobis or related relief could apply to vacate pleas. | Writ of error coram nobis not available; requirements not met. |
| Did the court have inherent power to grant relief on equity grounds? | People challenges any equitable basis for postjudgment relief. | Gari asserts inherent equitable power to vacate based on fairness. | No authority supporting inherent-equity relief; court erred. |
Key Cases Cited
- People v. Kim, 45 Cal.4th 1078 (Cal. 2009) (limits of writ of error coram nobis; statutory remedies preferred)
- Castaneda v. Superior Court, 37 Cal.App.4th 1612 (Cal. App. 1995) (postjudgment freedom to withdraw plea tied to extrinsic factors; equivalence to coram nobis)
- People v. Shipman, 62 Cal.2d 226 (Cal. 1965) (requirements for writ of error coram nobis)
- People v. Carty, 110 Cal.App.4th 1518 (Cal. App. 2003) (equivalence of nonstatutory motions to writs of coram nobis)
- People v. Villa, 45 Cal.4th 1063 (Cal. 2009) (immigration relief nexus to state custody limits habeas corpus relief)
- Limon v. People, 179 Cal.App.4th 1514 (Cal. App. 2009) (public policy and statutory constraints on postconviction remedies)