P. v. LopezAnnotate this Case
Appellant appealed the denial of his motion to withdraw his plea and vacate his conviction pursuant to Penal Code section 1473.7, subdivision (a). The Legislature has declared that section 1473.7, as amended by Assembly Bill No. 2867, “shall be interpreted in the interests of justice and consistent with the findings and declarations made in Section 1016.2 of the Penal Code.” (Stats 2018, ch. 825, Section 1, subd. (c).)
As a result, the Second Appellate District reversed the trial court’s order denying Appellant’s motion to withdraw his plea and vacate his conviction under Penal Code section 1473.7. The court remanded to the superior court with directions to grant the motion and vacate the conviction. The court concluded that Appellant has demonstrated a reasonable probability that if he had been properly advised of the immigration consequences of his plea, he would not have pleaded no contest to an offense that would subject him to mandatory deportation from the United States. Accordingly, the court wrote, that Appellant has carried his burden of establishing prejudicial error and is entitled to relief.