People v. Aguirremariano CA4/2

I.

INTRODUCTION

The People appeal from the trial court’s order granting defendant and appellant 1 Victor Manuel Aguirremariano’s Penal Code section 1473.7 motions to vacate his guilty 2 pleas and convictions in case Nos. MWV802368 and FWV1400545. The People argue

the trial court erred by granting defendant’s motions because he had not met the

requirements entitling him to relief and he was correctly informed of his immigration

consequences. The People also claim defendant failed to show any prejudicial error, with

contemporaneous objective evidence, resulting in a legal invalidity of his 2008 or 2014

drug convictions as required under section 1473.7, subdivision (a)(1). The People also

argue that the trial court’s interpretation of section 1473.7, subdivision (e)(2) to presume

the invalidity of defendant’s 2008 and 2014 pleas and convictions, without any showing

of error or prejudice, is contrary with the presumption of correctness of superior court

orders. The People further contend the court’s dismissals of defendant’s convictions

were without notice or hearing, without jurisdiction because they were after judgment,

and without valid legal reasons under section…