Rodriguez

Filed 8/30/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, A159679

v. (Napa County Super. Ct. VANESSA S. RODRIGUEZ, No. CR121064) Defendant and Appellant.

Vanessa S. Rodriguez appeals from the trial court’s denial of her 2020 motion under Penal Code section 1473.7 1 to vacate her 2005 conviction for felony possession for sale of a controlled substance, methamphetamine, in violation of Health and Safety Code section 11378. 2 Section 1473.7 permits individuals who are no longer in custody to move to vacate a conviction or sentence on the ground it is “legally invalid due to prejudicial error damaging the moving party’s ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of” the plea. (§ 1473.7, subd. (a)(1).) At the time Rodriguez filed her motion,

Statutory references are to the Penal Code unless otherwise stated. 2 Rodriguez also based her motion on section 1016.5, which requires a trial court, before…