People v. Carrillo
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The case involves Francisco Carrillo, a lawful permanent resident of the United States, who was convicted of assault with a firearm in 2002 and sentenced to 301 days in jail. In 2007, Carrillo admitted to a probation violation and was sentenced to an additional 90 days in jail. The combined jail time exceeded one year, making his conviction an aggravated felony under immigration law and subjecting him to mandatory deportation.
In 2022, Carrillo filed a motion to vacate his conviction under Penal Code section 1473.7, arguing that he did not meaningfully understand the potential immigration consequences of his conviction and sentence. The trial court denied the motion, finding that Carrillo had not demonstrated that his lack of understanding prejudiced his decision to go to trial or his defense strategy.
On appeal, the Court of Appeal of the State of California, Fifth Appellate District, affirmed the trial court's decision. The appellate court found that Carrillo had not shown a reasonable probability that he would have done something differently, such as pursuing an immigration-safe plea or presenting different arguments at sentencing, had he understood the immigration consequences. However, the court modified the trial court's order to allow Carrillo to file a new motion addressing grounds not raised in his original motion.
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