People v. Curiel CA2/8

INTRODUCTION

Beatriz Curiel appeals from the order denying her motion to withdraw her no contest plea and vacate her convictions under Penal Code1 section 1473.7, subdivision (a). Curiel contends the trial court erred in denying her motion because she demonstrated she did not meaningfully understand the adverse immigration consequences of her plea, and it is reasonably probable she would have rejected the plea had she understood those consequences. We conclude Curiel satisfied her burden of establishing that she is entitled to relief under section 1473.7. We accordingly reverse the order denying Curiel’s motion and remand to the trial court with directions to grant the motion and vacate the convictions.

FACTUAL AND PROCEDURAL BACKGROUND

I. The Charges

In a seven-count information filed on February 26, 2008, Curiel and her husband, Saul Desantiago, were each charged with two counts of identity theft (§ 530.5, subd. (a); counts 1–2), one count of making a false financial statement (§ 532a, subd. (1); count 3), two counts of possession of a forged driver’s license (§ 470b; counts 4–5), and two counts of grand theft auto (§ 487, subd. (d)(1); counts 6–7). On March 5, 2008,…