People v. Bohmwald CA2/7

INTRODUCTION

Lindsay Bohmwald appeals from the superior court’s order denying her motion under Penal Code section 1473.71 to vacate her conviction by plea to grand theft of access card information (§ 484e, subd. (d)). Bohmwald, a native of Venezuela, argued her trial counsel did not inform her of the immigration consequences of pleading no contest, which “damage[ed] her ability to understand or defend against the adverse immigration consequences of her plea.” The superior court denied her motion. On April 16, 2021 we filed our original opinion in this case. We held the evidence did not compel a finding in Bohmwald’s favor and affirmed the superior court’s order denying the motion under section 1473.7. (People v. Bohmwald (Apr. 16, 2021, B300743) [nonpub. opn.].) Following the Supreme Court’s decision in People v. Vivar (2021) 11 Cal.5th 510 (Vivar), we ordered rehearing and supplemental briefing. Reviewing the record independently, and following the Supreme Court’s directive in Vivar to give deference to the superior court’s findings based on live testimony, we conclude Bohmwald failed to show she was entitled to relief under section 1473.7. Therefore, we affirm.

Statutory…