People v. Calixto CA6

I. BACKGROUND2

Calixto is a citizen of Mexico who is a permanent resident of the United States. In 2014, the prosecution charged Calixto by information with five counts, including lewd act on a child under the age of 14 (§ 288, subd. (a); count 3). In May 2015, after trial had already commenced, Calixto pleaded no contest to count 3 pursuant to a negotiated resolution and the trial was vacated. A. Calixto’s First Section 1473.7 Motion In August 2019, Calixto moved under section 1473.7 to vacate his 2015 conviction. The motion asserted that Calixto “did not meaningfully understand the immigration consequence of this plea because of the complexities of immigration law, since California Penal Code section 288 is quite broad and California’s definition of ‘sexual conduct,’ unlike the federal statute, goes on to include ‘any lewd or lascivious sexual act as defined in Section 288.’ ” (Fn. omitted.) The motion further stated: “Based on the complexities of the immigration law, at the time of his plea, [Calixto] did not meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of the plea because sexual abuse of a minor was not…