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Name: People v. Carrillo (2024) 100 Cal.App.5th 793
Case #: F084751
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 03/15/2024

A motion to vacate a conviction or sentence under Penal Code section 1473.7 may be based on the defendant’s failure to meaningfully understand or defend against the adverse immigration consequences of a probation violation. In 2002, after a trial, Carrillo was convicted of assault with a firearm and sentenced to probation and 301 days in jail. In 2007, Carrillo admitted a violation of probation, and was sentenced to 90 days consecutive. Because defendant’s total sentence (391 days) now exceeded one year due to the probation violation and was now an “aggravated felony” (a crime of violence for which the term…

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Name: People v. Coca (2023) 96 Cal.App.5th 451
Case #: E079703
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 10/16/2023

Trial court erred in granting defendant’s Penal Code section 1473.7 motion to vacate her misdemeanor conviction where defendant did not demonstrate the conviction had the potential of subjecting her to removal. In 2022, defendant filed a petition under section 1473.7 to vacate her 2008 misdemeanor conviction for receiving stolen property (§ 496(a)). Over the District Attorney’s objection, the trial court granted the motion and vacated defendant’s conviction. The People appealed. Held: Reversed. To vacate a conviction under section 1473.7, the movant must establish that the challenged conviction “is currently causing or has the potential to cause removal or the denial of…

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Name: People v. Curiel (2023) 92 Cal.App.5th 1160
Case #: B317814
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 06/02/2023
Subsequent History: Ordered published 6/29/2023

Despite mandatory language in her plea agreement that defendant “must expect” deportation if she was not a U.S. citizen, the evidence corroborated that defendant prejudicially did not meaningfully understand the consequences of her plea, requiring the trial court to grant her Penal Code section 1473.7 motion and vacate her convictions. In 2008, Curiel and her husband used the personal identification information and paycheck stub of a victim to purchase two vehicles. Curiel pleaded no contest to identity theft and other charges, in exchange for probation, community service, and no jail time. The plea stated that if she was not a…

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Name: People v. Vaca (2023) 89 Cal.App.5th 1113
Case #: A164953
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 03/30/2023

Granting a motion under Penal Code section 1473.7 to vacate a conviction or sentence and allow a defendant to withdraw their plea does not require dismissal of the criminal information or complaint. Defendant pleaded no contest to two felonies and was placed on probation. After completing probation, he moved to vacate his conviction and withdraw his plea under section 1473.7, based on his failure to understand the adverse immigration consequences of his plea. The court granted his motion but declined defendant’s additional request to dismiss the case. The court reinstated the amended complaint. Defendant appealed. Held: Affirmed. The plain language…

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Name: People v. Villalba (2023) 89 Cal.App.5th 659
Case #: B318353
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 03/08/2023
Subsequent History: Ordered published 3/22/2023

Trial court’s order denying defendant’s motion to withdraw his plea and vacate his conviction pursuant to Penal Code section 1473.7(a), reversed where defendant was misadvised and the error prejudiced him. Defendant appealed the denial of his section 1473.7 motion to vacate his Penal Code section 273.5 conviction. Held: Reversed with instructions to vacate the conviction. Under section 1473.7(e), a court must vacate a conviction upon a showing that it is legally invalid based on prejudicial error affecting the defendant’s ability to understand the adverse immigration consequences of a plea. Defendant’s plea to section 273.5, with a suspended sentence and probation…

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Name: People v. Perez
Case #: F080837
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 08/17/2021

Under Penal Code section 1473.7, a trial court is not required to deny a motion to vacate a conviction (based on inadequate understanding of immigration consequences) where the motion is untimely. In 2019, defendant filed a motion under section 1473.7 to vacate his felony theft conviction from 2000 on the ground that he was not adequately informed of the immigration ramifications when he entered his guilty plea. At the hearing, the trial court indicated that there were many humanitarian reasons why the motion should be granted, but concluded that the motion was untimely, stating, "I have to say the motion…

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Name: People v. Castillo
Case #: B303413
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 05/12/2021
Subsequent History: Ordered published 6/1/21

Petitioner did not meet burden of proof in showing prejudice under Penal Code section 1473.7 where facts indicated petitioner prioritized potential sentencing exposure over potential immigration consequences at the time of his plea. In 1989, Castillo pleaded guilty to possession for sale of a controlled substance. The prosecutor warned him the plea could result in deportation if he was not a U.S. citizen. Castillo did not ask any questions after the advisement, even though he had interrupted court proceedings to ask other questions and confer with counsel. In 2019, Castillo filed a motion to vacate his conviction under section 1473.7.…

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Name: People v. Vivar
Case #: S260270
Court: CA Supreme Court
District CalSup
Opinion Date: 05/03/2021

An independent standard of review, under which an appellate court determines whether the facts satisfy the rule of law, applies to all prejudice determinations under Penal Code section 1473.7, subdivision (a)(1). Vivar entered the United States from Mexico in 1962 at the age of six. In 2002, he was prosecuted for attempting to steal Sudafed from a store. He rejected a deportation-neutral plea offer for burglary with a low-term prison sentence and accepted a plea to possession of materials with the intent to manufacture methamphetamine (Health & Saf. Code, § 11383, subd. (c)), which included probation and drug treatment. This…

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Name: People v. Rodriguez
Case #: E069339
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 08/16/2019

Trial court erred when it denied defendant's motion to vacate his plea pursuant to Penal Code section 1473.7 based on untimeliness. In 2005 defendant pleaded guilty to unlawful sexual intercourse with a minor and was placed on probation. That same year he was taken into custody by immigration authorities and was ordered removed. In December 2016, he filed a petition for dismissal of his conviction under Penal Code section 1203.4 and for reduction of his offense to a misdemeanor, which was denied. The appellate court denied his appeal without prejudice to his filing a motion under then newly enacted Penal…

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Name: People v. Dejesus
Case #: B293096
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 07/26/2019

Since parolees remain in the constructive custody of the state, they are not eligible for relief under Penal Code section 1473.7. Defendant came to the U.S. from the Philippines in 1992. He is a lawful permanent resident. In 2016 he pleaded guilty to assault with a firearm. Thereafter federal authorities commenced deportation proceedings based on the conviction. In July 2018 defendant moved to vacate his conviction, alleging that his attorney provided ineffective assistance of counsel (IAC) relative to the plea. He conceded that he had been advised by his attorney and the court regarding the immigration consequences of his plea.…

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