People v. Marroquin CA2/7

DISCUSSION

“Section 1473.7 permits noncitizens to vacate convictions after they are no longer in criminal custody based on a failure to understand adverse immigration consequences of their convictions.” (People v. Singh (2022) 81 Cal.App.5th 147, 151-152 (Singh).) Marroquin argues, and the People concede, that the superior court erred in summarily denying Marroquin’s section 1473.7 motion without holding a hearing on the merits. We agree that, based on a recent amendment to section 1473.7, Marroquin was entitled to a hearing. We review de novo whether the superior court followed proper procedures in deciding a section 1473.7 motion. (People v.

The People note Marroquin did not provide transcripts from the underlying trial proceedings, but such records need not be provided when a defendant appeals from a postjudgment order. (Cal. Rules of Court, rule 8.320(d).) Marroquin satisfied the requirement to provide a transcript of the original sentencing proceeding (Cal. Rules of Court, rule 8.320(d)(2)), and there was no reported hearing on the section 1473.7 motion; it was denied by the superior court in chambers. We granted Marroquin’s motion to augment the record to include the…