Fryhaat

*972 I

INTRODUCTION

Defendant and appellant Kamal Abdul Fryhaat is a citizen of Jordan who had been living in the United States for over 30 years. In 2001, he pleaded *973 guilty to various drug-related offenses and admitted to having suffered a prior prison term ( Pen. Code, § 667.5, subd. (b) ). In exchange, defendant was released on his own recognizance on various terms and conditions. Defendant subsequently violated his release terms and was sentenced to six years eight months in state prison.

Approximately 17 years later, in 2018, as he was facing deportation proceedings, defendant filed a motion to vacate his guilty plea pursuant to Penal Code 1 section 1473.7, arguing his conviction was legally invalid and not knowingly and intelligently made because neither his trial counsel nor the court advised him about the immigration consequences of his guilty plea. The trial court summarily denied defendant's motion, and defendant appealed.

On appeal, defendant argues the trial court erred in denying his motion to vacate his conviction because the court summarily denied his motion without a hearing, without his presence, and without appointed counsel in violation of section…