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Name: People v. Shokur
Case #: G045855
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 05/16/2012

The trial court does not have jurisdiction to vacate a final judgment via a nonstatutory motion when there are other means of challenging the judgment but the time limits to exercise them have expired. Appellant came to the U.S. from Afghanistan when he was a child and was eventually granted refugee status. In 2005, by his guilty plea, appellant was convicted of possession of marijuana for sale. This offense qualifies as an aggravated felony and is a deportable offense. The plea form submitted to the court advised appellant of immigration consequences pursuant to Penal Code section 1016.5 and the court verbally advised him of the consequences. Appellant subsequently successfully completed his probation and the court granted relief under Penal Code section 1203.4. In 2010, appellant pled guilty to two counts of robbery and was granted probation. In 2011, he was placed in immigration removal proceedings. In the trial court he then filed an action he titled “a nonstatutory motion to vacate the [conviction] for possession of marijuana for sale”, which was denied. The appellate court affirmed. Appellant’s vehicles for relief were via a state habeas corpus action or Penal Code section 1018, both of which have time restrictions. A nonstatutory motion will not serve as a safety net where the judgment has become final and the time limitations for other remedies have expired.