your Dept. o' Justice.|
Some people just can’t let go of things.
Take Roy Cupis, who — 23 years after the fact — is still trying to withdraw his plea in a San Mateo County criminal case.
Earlier today, San Francisco’s First District Court of Appeal rejected the guy’s efforts, even though Cupis argued he didn’t understand the immigration consequences for pleading no contest to possessing cocaine for sale. Cupis was an illegal alien when he pled on Nov. 10, 1986, and today’s ruling doesn’t make clear his current status.
The court’s unpublished ruling held that Cupis’ motion wasn’t timely and his arguments had no merit.
Okay ... but who the hell is "Sherel Ann"?
“Defendant’s argument is premised on contentions that are either unsupported or contradicted by the record,” Justice James Lambden wrote.
Cupis, who was given probation two decades ago and served 120 days in jail, contended that his attorney didn’t advise him that his plea would prevent him from ever becoming a United States citizen. He also argued that the plea form given him was in Spanish, which he insisted wasn’t his primary language.
The appeal court shot down both arguments, as well as one in which Cupis claimed that neither he nor his attorney had signed the plea form. Lamden said there was no evidence to support that argument, even though he conceded the signature on the document was “not a model of outstanding penmanship” and even appeared to read “Sherel Ann.”
Too little too late, Roy.
— Mike McKee