Chen

People v. Chen

Good Law
249 Cal. Rptr. 3d 360
Court of Appeal of CaliforniaJune 28, 2019A152754California3,930 words

Opinion

Lead Opinion

Siggins, J.

*362 Defendant Min Chang Chen, also known as Ivy Chang Chen, appeals the denial of her motion to vacate a conviction under Penal Code section 1473.7. 1 Chen contends her trial counsel failed to properly advise her of the adverse immigration consequences of her plea agreement and that the erroneous advisement damaged her ability to meaningfully understand, defend against, and knowingly accept those consequences. We affirm the denial of her motion.

BACKGROUND

In May 2012, Napa Special Investigations Bureau found 262 marijuana plants growing in a house on Patricia Drive in American Canyon, following a fire at the property, where the utilities appeared to have been bypassed. Agents traced the house to Chen and her brother, who were located and arrested. They executed a search warrant for the search of Chen's family restaurant and residence in Vallejo. Chen was charged with cultivating marijuana ( Health & Saf. Code, § 11358 ) (count one); possession of marijuana for sale ( Health & Saf. Code, § 11359 ) (count two); and theft of services (§ 498, subd. (b)) (count three).

In June 2012, Chen was arraigned on these charges and completed an arraignment form which stated, "If you are not…

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