People v. Meza CA2/7

INTRODUCTION

Juan Javier Meza appeals the denial of his motion under Penal Code section 1473.7 to vacate his 2001 guilty plea to corporal injury to a spouse or cohabitant.1 In his motion, Meza explained that he had served his sentence and his conviction had been expunged, he continued living openly in the United States while being gainfully employed, and he submitted unrebutted declarations attesting he did not understand the immigration consequences of his plea until 20 years later when he sought to obtain legal status. The People filed no written opposition and presented no evidence. The superior court denied Meza’s motion because he did not provide a declaration from his defense counsel at the time of his plea or his counsel’s case file, despite Meza’s diligent efforts in attempting to contact his prior counsel, who had retired since representing him. After independent review, we conclude Meza met his burden of establishing, by a preponderance of the evidence, error affecting his ability to “meaningfully understand, defend against, or knowingly accept” the immigration consequences of his plea. (§ 1473.7, subd. (a)(1).) Meza also established a reasonable probability he would…