Perez

Filed 9/7/21 (unmodified opinion attached)

CERTIFIED FOR PARTIAL PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

THE PEOPLE,

F080837

Plaintiff and Respondent, (Super. Ct. No. VCF043238-99) v.

JOSE ADRIAN PEREZ, ORDER MODIFYING OPINION [NO CHANGE IN JUDGMENT] Defendant and Appellant.

THE COURT:

It is hereby ordered that the partially published opinion filed on August 17, 2021, be modified as follows:

1. On page 6, the first paragraph under heading I. beginning “Section 1437.7” is deleted and the following paragraph is inserted in its place:

Section 1473.7 permits a person to file a motion to vacate a conviction that is “legally invalid due to a prejudicial error damaging the moving party’s ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a plea of guilty or nolo contendere.” (§ 1473.7, subd. (a)(1).) In adopting and amending section 1473.7, the Legislature considered the problems faced by defendants “who were unaware of the immigration consequences posed by a plea entered many years earlier.” (Vivar, supra,…