People v. Lopez CA4/2

I.

INTRODUCTION

Defendant and appellant Maria Lopez is a citizen of Mexico who has been living

in the United States for over 45 years. In 2013, she pled no contest to attempted second 1 degree murder (Pen. Code, §§ 664/187, subd. (a)), and admitted the personal use of a

firearm (§ 12022.5, subd. (a)) allegation. In exchange for her plea, the remaining

allegations were dismissed, and defendant was sentenced to a stipulated term of 13 years

in state prison.

In 2022, as she was facing deportation proceedings, defendant filed a motion to

withdraw her plea and vacate her conviction pursuant to section 1473.7 on the grounds

that her conviction was legally invalid and not knowingly and intelligently made because

her trial counsel failed to advise her about the immigration consequences of her guilty

plea, she did not meaningfully understand the adverse immigration consequences of her

plea, and she was prejudiced. The trial court denied the motion.

Defendant appeals, contending her plea counsel provided ineffective assistance of

counsel. Specifically, she faults her counsel for failing to advise her of the specific

immigration consequences of her plea. She also argues that…