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Name: Alhusainy v. Superior Court of Orange County
Case #: G037152
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 09/25/2006

Petitioner was charged with domestic violence crimes against members of his family. He entered into a plea bargain under the terms of which he would not be sentenced to prison, but would have to leave California. Petitioner failed to appear for sentencing. In violation of the agreement, petitioner then returned to California and was arrested and returned to the court for sentencing. Petitioner sought an order allowing him to withdraw his guilty plea because he was not told of its consequences: specifically, the requirement that he leave the state. The motion was denied. On appeal, he argued that the condition was unconstitutional in that it constituted banishment. The appellate court agreed, and invalidated the plea agreement. The requirement that petitioner leave the state was invalid, not only because it was not narrowly tailored or reasonably related to his crimes, but also because public policy precludes banishment of felons from the state.