Carrillo

Filed 4/8/24 (unmodified opn. attached)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

THE PEOPLE,

F084751

Plaintiff and Respondent, (Super. Ct. No. MCR09130) v.

FRANCISCO CARRILLO, ORDER MODIFYING OPINION AND

DENYING REHEARING

Defendant and Appellant. [NO CHANGE IN JUDGMENT]

It is ordered that the opinion filed herein on March 15, 2024, be modified in the following particulars: 1. On page 2, second full paragraph, in the first sentence the word “after” in the sentence is changed to “when” so the sentence now reads:

Second, Carrillo’s conviction and sentence qualified him for mandatory deportation only when he later admitted a probation violation and the additional jail time caused his total term of imprisonment to exceed one year, and thus became an aggravated felony. 2. On page 2, third full paragraph, in the third sentence, the word “misunderstand” is changed to “understand” so the sentence now reads:

Thus, a section 1473.7 motion may be based on the defendant’s failure to meaningfully understand or defend against the “actual or potential…