Gonzalez

People v. Gonzalez

Good Law
238 Cal. Rptr. 3d 443·27 Cal. App. 5th 738
Court of Appeal of CaliforniaSeptember 27, 2018D073436California5,628 words

Opinion

Lead Opinion

Huffman, J.

In August 2000, Pablo Gonzalez pled guilty to possession for sale of marijuana. ( Health & Saf. Code, § 11359.) The trial court sentenced Gonzalez to 74 days in custody and three years' summary probation. After serving his 74 days in custody, Gonzalez was deported in October 2000. Gonzalez reentered the United States about a year later. He subsequently was convicted of possession of a controlled substance for sale ( Health & Saf. Code, § 11378 ), criminal threats ( Pen. Code, 1 § 422), and domestic battery (§ 243, subd. (e) ). In June 2002, Gonzalez was deported again. He reentered the United States, but was deported yet again in April 2017.

On January 1, 2017, section 1473.7 became effective. That statute allows a person no longer imprisoned or restrained to move to vacate a conviction or sentence for one of two reasons, including that "[t]he conviction or sentence 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 a plea of guilty or nolo contendere." (§ 1473.7, subd. (a)(1).) In August 2017, Gonzalez moved to vacate his 2000…

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