Figueroa

Filed 11/16/21 (unmodified opn. attached)

CERTIFIED FOR PUBLICATION

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D077894

(Imperial County Super. Ct. Plaintiff and Respondent, No. JCF18829)

v.

ORDER MODIFYING OPINION

CARLOS ARGENIS FIGUEROA AND DENYING REHEARING

ALATORRE,

NO CHANGE IN JUDGMENT

Defendant and Appellant.

THE COURT:

It is ordered that the opinion filed October 22, 2021 be modified as follows: 1. On page 28, the paragraph of footnote 30 is modified to read as follows: 30 Alatorre’s plea form only indicated that the plea “could result in my being deported.” Counsel told the court at the hearing that there was no longer a transcript of the plea proceedings from 2008. Alatorre submitted a declaration stating he was never advised by his counsel “that a conviction for the crime(s) charged could directly result in my deportation, exclusion, and denial of naturalization of citizenship from the United States, my home.” Two lawyers involved in his representation were subpoenaed by the People for the hearing but were released without testifying,…