Kuzmichey

DISCUSSION

Standard of Review Trial court rulings on section 1473.7 motions “are predominantly questions of law” and therefore subject to independent review. (People v. Vivar (2021) 11 Cal.5th 510, 524-525.) Similarly, the trial court’s interpretation of a statute is reviewed de novo. (People v. McDavid (2024) 15 Cal.5th 1015, 1023.)

1 All references to this statutory scheme (Pen. Code, §1001.94 et seq.) are to the version as it existed at the time defendant entered his plea in 2017. The legislation is also referred to as the “Sentence Deferral Program.” 2 Although the minute order cites Penal Code section 1001.94 as the basis for dismissal, the relief for successful completion of the program is set forth in Penal Code section 1001.96. All further statutory references are to the Penal Code.

2 No Available Section 1473.7 Relief Section 1473.7 is a vehicle for a defendant to “file a motion to vacate a conviction or sentence” if “[t]he conviction or sentence is legally invalid due to prejudicial error damaging the moving party’s ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a conviction or…