Espinoza

FACTUAL AND PROCEDURAL HISTORY

A. PROCEDURAL HISTORY

On October 29, 2012, a complaint charged defendant and appellant Edgar Espinoza with one count of possession of methamphetamine for sale under Health and Safety Code section 11378 ; on November 6, 2012, defendant pled guilty to the charge. The court suspended imposition of defendant's sentence and placed him on three years of formal probation with 220 days in local custody.

On May 3, 2013, defendant filed a motion to withdraw his guilty plea under Penal Code section 1018 1 claiming that he was not advised of the immigration consequences of his plea. On October 17, 2013, both defendant and defense counsel, who had represented defendant at his plea negotiations, testified at the section 1018 motion. The trial court denied the motion.

On July 8, 2014, defendant admitted a probation violation and was sentenced to 16 months in county jail.

On January 23, 2017, defendant filed a motion to withdraw his guilty plea under the newly-enacted section 1473.7. In his motion, defendant represented that he had been "placed into removal proceedings." In support of his motion, defendant included a notice to appear in removal proceedings. On…