People v. Padilla CA4/2

INTRODUCTION

On June 29, 2005, a complaint charged defendant and appellant Jose Octavio

Padilla with various felony theft offenses under Penal Code1 sections 530.5, subdivision

(a) and 114. On August 3, 2005, defendant pled guilty to count 1, violation of section

530.5, and was sentenced accordingly.

On September 12, 2014, defendant filed a motion to vacate his conviction under

section 1016.5. At the hearing on the motion to vacate on September 30, 2014, the trial

court granted defendant’s motion and vacated his guilty plea. The People appeal. For the

reasons set forth below, we affirm the trial court’s ruling.

II

STATEMENT OF FACTS

In January 2004, defendant broke his hand and went to the emergency room. The

receptionist asked if defendant had ever been treated there before. Defendant was unsure

whether he was treated there as a child. The receptionist entered defendant’s name into

the patient records database; she stated she found his information. Defendant was then

admitted and received medical treatment.

Defendant made billing payments on a regular basis. However, in 2005, he fell

behind. On or about June 8, 2005, law enforcement contacted defendant and asked…