People v. Domingo CA2/5

I. INTRODUCTION

Defendant and appellant Sulieto Domingo appeals from the trial court’s denial of his petition for a writ of habeas corpus pursuant to Penal Code section 1473.71 that requested the court vacate his prior conviction. He contends the court erred in failing to hold a hearing on his request at which he was personally present. We reverse.

II. PROCEDURAL BACKGROUND2

On August 13, 2018, defendant pleaded no contest to assault with a semiautomatic firearm (§ 245, subd. (b)) and admitted a gang allegation (§ 186.22, subd. (b)(1)(B)). The trial court sentenced defendant to 11 years in state prison. On February 25, 2021, defendant filed a petition for a writ of habeas corpus pursuant to section 1473.7 asking the trial court to vacate his conviction. On March 2, 2021, the court denied defendant’s petition without a hearing, defendant’s presence, or the appointment of counsel.

All further statutory references are to the Penal Code.

Because the only issue on appeal concerns the trial court’s failure to hold a hearing on defendant’s request to vacate his conviction pursuant to section 1473.7, we omit a recitation of the facts underlying that…