People v. Loza CA2/8

BACKGROUND

1. The Plea In November 2023, Loza, then represented by private counsel, pleaded no contest to assault with a firearm in violation of section 245, subdivision (a)(2), without the benefit of a plea bargain. In a colloquy we will discuss further below, the superior court advised Loza she would, based on the nature of the forthcoming conviction, be deported if she was not a United States citizen. The court also told Loza it would not sentence her to longer than 365 days in custody and probation if she provided certain mitigation evidence at sentencing. 2. The Section 1018 Motion to Withdraw the Plea In April 2024, Loza announced she wished to withdraw her plea. The superior court appointed the public defender to represent her for that purpose. Loza’s motion to withdraw, invoking section 1018, argued she was not a United States citizen, her counsel had not advised her of the immigration consequences of her plea, and she would not have pleaded had she been advised of those consequences. The motion included declarations from Loza’s prior attorneys stating they did not discuss immigration consequences with Loza.

2 The court held an evidentiary hearing. Loza testified to her…