People v. Corona CA5

INTRODUCTION

In 2011, Jose Corona (appellant) pleaded no contest to cultivating marijuana (Health & Saf. Code, § 11358) pursuant to a negotiated plea agreement. Eleven years later, he filed a motion to vacate his conviction pursuant to Penal Code section 1473.7, subdivision (a)(1),1 alleging he did not meaningfully understand the adverse immigration consequences of his plea. Specifically, appellant claimed he was unaware that cultivating marijuana constitutes an “aggravated felony” under federal immigration law (8 U.S.C. § 1101(a)(43)), rendering him conclusively deportable and subject to permanent exclusion from the United States. The trial court denied the motion, finding appellant failed to show he did not understand the consequences of his plea or that he was prejudiced as a result. On appeal, we find appellant met his burden of showing he did not meaningfully understand the full adverse immigration consequences of his plea, and that there is a reasonable probability he would not have entered the plea had he understood those consequences. We reverse, and we remand the matter for the trial court to vacate appellant’s conviction and allow him to withdraw his…