People v. Tran CA4/3

FACTS

I. Tran’s 1995 Convictions

In December 1994, the Orange County District Attorney charged Tran, Johnny Nguyen, and another co-defendant with two counts of second degree robbery, three counts of assault with a firearm, and three counts of false imprisonment, with firearm enhancements. The charges carried a maximum penalty of 13 years 4 months in prison. In May 1995, Tran pleaded guilty as charged pursuant to a plea agreement and received a stipulated sentence of seven years in prison. Before pleading guilty, Tran initialed and signed a plea form containing advisements and waivers of various rights (the Tahl form).2 Among the statements Tran initialed was the following acknowledgement: “I understand that if I am not a citizen of the United States, the conviction for the offense charged may have the consequence of deportation, exclusion from admission to the United States, or denial of naturalization . . . .”

1 Undesignated statutory references are to the Penal Code. 2 In re Tahl (1969) 1 Cal.3d 122.

II. Tran’s Section 1473.7 Motion

In 2021, Tran decided to apply for United States citizenship, but after seeking legal advice, he learned that his 1995 convictions would…