CR-188 - Order on Motion to Vacate Conviction or Sentence

Summary

Order on Motion to Vacate Conviction or Sentence

Text

Form ID: CR-188
Title: Order on Motion to Vacate Conviction or Sentence
Effective Date: 2024-09-01
Mandatory Form: no
Languages: español
Info Page: https://selfhelp.courts.ca.gov/jcc-form/CR-188
Primary Download URL: https://www.courts.ca.gov/documents/cr188.pdf
Alternate Download URLs: https://www.courts.ca.gov/documents/cr188s.pdf
Form Detail Page:
Order on Motion to Vacate Conviction or Sentence
(CR-188)
States a court's decision on a request to vacate a conviction or sentence because you are not a citizen and did not understand the immigration consequences of the conviction, or based on newly discovered evidence of actual innocence.
Get form CR-188
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Get form CR-188 in Spanish
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Effective: September 1, 2024
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PDF Text:
Form Approved for Optional Use 
Judicial Council of California  
CR-188 [Rev. September 1, 2024]
ORDER ON MOTION TO VACATE CONVICTION OR SENTENCE Penal Code, §§ 1016.5, 1473.7 
www.courts.ca.gov
CR-188
ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER:
NAME:
FIRM NAME:
STREET ADDRESS:
CITY: STATE: ZIP CODE:
TELEPHONE NO.: FAX NO.:
EMAIL ADDRESS:
ATTORNEY FOR (name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PEOPLE OF THE STATE OF CALIFORNIA
v.
DEFENDANT: DATE OF BIRTH:
FOR COURT USE ONLY
CASE NUMBER:
ORDER ON MOTION TO VACATE CONVICTION OR SENTENCE
Pen. Code, § 1016.5 Pen. Code, § 1473.7(a)(1)
Pen. Code, § 1473.7(a)(2) Pen. Code, § 1473.7(a)(3)
FOR COURT USE ONLY
DATE:
TIME:
DEPARTMENT:
1. FOR APPOINTMENT OF COUNSEL
a. The court grants the request for appointment of counsel.       
b. The court denies the request for appointment of counsel because the Moving Party has not shown (choose all that apply)
a prima facie case indigency.
2. FOR PENAL CODE SECTION 1016.5 RELIEF
a. The court grants the Moving Party's request to vacate the judgment and to permit the Moving Party to withdraw the plea 
of guilty or nolo contendere and enter a plea of not guilty.
b. The court denies the Moving Party's request to vacate the judgment and to permit the Moving Party to withdraw the plea 
of guilty or nolo contendere and enter a plea of not guilty.
3. FOR PENAL CODE SECTION 1473.7(a)(1) RELIEF
a. Request to Waive Personal Appearance (if applicable)
(1) The court finds good cause to grant the request that the court hold the hearing without the personal presence of the 
Moving Party.
(2) The court denies the request that the court hold the hearing without the personal presence of the Moving Party.
b. Timeliness
(1) The court deems the motion timely because the Moving Party did not receive, or acted with reasonable 
diligence after receiving, notice from immigration authorities.
(2) The court exercises its discretion to deem the motion timely.
(3) The court deems the motion untimely and dismisses the motion after a hearing (People v. Alatorre (2021) 70 
Cal.App.5th 747).
c. Vacatur of Conviction or Sentence
(1) The court grants the Moving Party's request to vacate the conviction or sentence on the basis that the conviction or 
sentence is legally invalid due to a prejudicial error damaging the Moving Party's ability to meaningfully understand, 
defend against, or knowingly accept the actual or potential adverse immigration consequences of a conviction or 
sentence.
The court permits the Moving Party to withdraw the plea of guilty or nolo contendre and enter a plea of not guilty.
(2) The court denies the Moving Party's request to vacate the conviction or sentence on the basis that the conviction or 
sentence is legally invalid due to a prejudicial error damaging the Moving Party's ability to meaningfully understand, 
defend against, or knowingly accept the actual or potential adverse immigration consequences of a conviction or 
sentence.
Page 1 of 4

CR-188 [Rev. September 1, 2024] ORDER ON MOTION TO VACATE CONVICTION OR SENTENCE
CR-188
DEFENDANT:
CASE NUMBER:
4. FOR PENAL CODE SECTION 1473.7(a)(2) RELIEF
a. Request to Waive Personal Appearance (if applicable)
(1) The court finds good cause to grant the request that the court hold the hearing without the personal presence of the 
Moving Party.
(2) The court denies the request that the court hold the hearing without the personal presence of the Moving Party.
b. Undue Delay
(1) The court finds that the Moving Party filed without undue delay from the date the Moving Party discovered, or could 
have discovered through the exercise of due diligence, the evidence of actual innocence. 
(2) The court finds that the Moving Party failed to file the motion without undue delay from the date the Moving Party 
discovered, or could have discovered through the exercise of due diligence, the evidence of actual innocence, and 
dismisses the motion after a hearing. 
c. Vacatur of Conviction or Sentence
(1) The court grants the Moving Party's request to vacate the conviction or sentence based on newly discovered 
evidence of actual innocence.
The court permits the Moving Party to withdraw the plea of guilty or nolo contendere and enter a plea of not guilty.
(2) The court denies the Moving Party's request to vacate the conviction or sentence based on newly discovered 
evidence of actual innocence.
(3) The court's basis for the ruling:
5.  FOR PENAL CODE SECTION 1473.7(a)(3) RELIEF
a. Request to Waive Personal Appearance (if applicable)
(1) The court finds good cause to grant the request that the court hold the hearing without the personal presence of the 
Moving Party.
(2) The court denies the request that the court hold the hearing without the personal presence of the Moving Party.
b. Time Frames
(1) The court finds that the motion was filed in accordance with the time frames in Penal Code section 745(j).
(2) The court finds that the motion was filed prematurely under the time frames in Penal Code section 745(j) 
and dismisses the motion after a hearing. 
c. Undue Delay
(1) The court finds that the Moving Party filed without undue delay from the date the Moving Party discovered, or could 
have discovered through the exercise of due diligence, the evidence that provides a basis for relief under Penal Code 
section 745(a).
(2) The court finds that the Moving Party failed to file the motion without undue delay from the date the 
Moving Party discovered, or could have discovered through the exercise of due diligence, the evidence that 
provides a basis for relief under Penal Code section 745(a), and dismisses the motion after a hearing.
d. Motion for Disclosure
(1) The court grants the Moving Party's request for the following records or information relevant to a potential Penal Code 
section 745(a) violation:
(2) The court denies the Moving Party's request for disclosure of records or information.
Page 2 of 4

CR-188 [Rev. September 1, 2024] ORDER ON MOTION TO VACATE CONVICTION OR SENTENCE
CR-188
DEFENDANT:
CASE NUMBER:
5. e. Vacatur of Conviction or Sentence
(1) The court finds the following violations of section 745(a) occurred (check all that apply):
(a) The judge, an attorney, a law enforcement officer, an expert, or a juror in the case exhibited bias or animus 
toward the Moving Party because of the Moving Party's race, ethnicity, or national origin.
(b) During in-court trial proceedings, the judge, an attorney, a law enforcement officer, an expert, or a juror used 
racially discriminatory language about the Moving Party's race, ethnicity, or national origin. (Racially 
discriminatory language does not include relaying language used by someone else that is relevant to the case, 
or giving a racially neutral and unbiased physical description of the suspect.)
(c) The Moving Party was charged with or convicted of a more serious offense than defendants of other races, 
ethnicities, or national origin who have engaged in similar conduct and are similarly situated, and the prosecution 
more frequently sought or obtained convictions for more serious offenses against people who share the Moving 
Party's race, ethnicity, or national origin in the county where the convictions were sought or obtained.
(d) The Moving Party received a longer or more severe sentence compared to similarly situated individuals 
convicted of the same offense and:
(i) longer or more severe sentences were more frequently imposed for the same offense on people who share 
the Moving Party's race, ethnicity, or national origin than on others in the county; and/or:
(ii) longer or more severe sentences were more frequently imposed for the same offense on defendants in 
cases with victims of one race, ethnicity, or national origin than in cases with victims of other races, 
ethnicities, or national origins in that county.
(2) The court grants the Moving Party's request to vacate the conviction and sentence based on a violation of Penal 
Code section 745(a) and finds the conviction and sentence legally invalid.
(a) Refer to the court minute order from (date):
OR (check all that apply):
(b) The court orders the following new proceedings consistent with Penal Code section 745(a):
(c) The court finds a violation of Penal Code section 745(a)(3) and modifies the judgment to the following lesser 
included or lesser related offense: 
(d) The court permits the Moving Party to withdraw the plea of guilty or nolo contendere and enter a plea of not  
guilty. 
(e) The court grants the following remedies:
Page 3 of 4

CR-188 [Rev. September 1, 2024] ORDER ON MOTION TO VACATE CONVICTION OR SENTENCE Page 4 of 4
CR-188
DEFENDANT:
CASE NUMBER:
5. (3) The court grants the Moving Party's request to vacate the sentence based on a violation of Penal Code section  
745(a) and finds the sentence was legally invalid.
(a) Refer to the court minute order from (date):
OR (check all that apply):
(b) The court imposes the following new sentence:
(c) The court grants the following remedies:
e.
(4) The court denies the Moving Party's request to vacate the conviction or sentence based on a violation of Penal Code 
section 745(a).
(5) The court's basis for the ruling:
Date:
(JUDICIAL OFFICER)

Retrieval chunks

• #1

  Form ID: CR-188 Title: Order on Motion to Vacate Conviction or Sentence Effective Date: 2024-09-01 Mandatory Form: no Languages: español Info Page: https://selfhelp.courts.ca.gov/jcc-form/CR-188 Primary Download URL: https://www.courts.ca.gov/documents/cr188.pdf Alternate Download URLs: https://www.courts.ca.go…

• #2

  (1) The court finds good cause to grant the request that the court hold the hearing without the personal presence of the Moving Party. (2) The court denies the request that the court hold the hearing without the personal presence of the Moving Party. b. Timeliness (1) The court deems the motion timely because the …

• #3

  dismisses the motion after a hearing. c. Vacatur of Conviction or Sentence (1) The court grants the Moving Party's request to vacate the conviction or sentence based on newly discovered evidence of actual innocence. The court permits the Moving Party to withdraw the plea of guilty or nolo contendere and enter a pl…

• #4

  (b) During in-court trial proceedings, the judge, an attorney, a law enforcement officer, an expert, or a juror used racially discriminatory language about the Moving Party's race, ethnicity, or national origin. (Racially discriminatory language does not include relaying language used by someone else that is relevan…

• #5

  (a) Refer to the court minute order from (date): OR (check all that apply): (b) The court imposes the following new sentence: (c) The court grants the following remedies: e. (4) The court denies the Moving Party's request to vacate the conviction or sentence based on a violation of Penal Code section 745(a). (5…