People v. Djama CA2/3

INTRODUCTION

In 2017, defendant Gulnora Djama1 pled no contest to a misdemeanor violation of Health and Safety Code section 11360, subdivision (a). In 2021, Djama moved to vacate her conviction under Penal Code2 section 1473.7, asserting her trial counsel misadvised her about the immigration consequences of her plea and that had she been properly advised of those consequences, she would not have entered the plea. The trial court denied Djama’s motion without holding a hearing and without Djama’s or her counsel’s presence. On appeal, Djama argues, and the People agree, that the court erred in summarily denying her motion to vacate her conviction and that the matter must be remanded for further proceedings under section 1473.7. We agree with the parties that the court erred in summarily denying Djama’s motion, but we reject Djama’s contention that the People should be estopped from opposing it on remand. We therefore reverse the order denying Djama’s motion to vacate her conviction and remand the matter with directions for the court to conduct a hearing on the merits of the motion.

BACKGROUND

Djama is a citizen of Uzbekistan. She entered the United States in 2011 as a lawful…