People v. Lucero CA2/7

INTRODUCTION

Juan Lucero appeals from the denial of his second motion to vacate his conviction under Penal Code section 1473.7 on the ground he did not meaningfully understand the immigration consequences of his plea.1 The superior court denied his first section 1473.7 motion in 2021, and this court affirmed in 2023 in an unpublished opinion, People v. Lucero (Mar. 13, 2023, B317506) (nonpub. opn.) (Lucero I).2 After our decision, Lucero filed the motion that is the subject of this appeal, which the superior court denied. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

In 2003, Lucero pleaded no contest to possessing a controlled substance for sale in violation of Health and Safety Code section 11351. At the time of his plea, Lucero acknowledged in a written plea document that he faced a maximum total sentence of four years in state prison. Pursuant to the plea agreement, the trial court imposed three years of formal probation with conditions of probation to include serving 90 days

All further references are to the Penal Code unless otherwise specified. The People’s request to take judicial notice of our previous unpublished opinion in Lucero I, supra, B317506 is…