Filed 10/5/21 P. v. Mendez CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT THE PEOPLE, H048225 (Monterey County Plaintiff and Respondent, Super. Ct. No. SS071117A) v. JUAN MENDEZ, Defendant and Appellant. Appellant Juan Mendez, a permanent resident of the United States, faces deportation as a result of convictions he sustained in 2007 for, among other charges, attempted premeditated murder and assault by means likely to produce great bodily injury. After his release from state prison and detention in federal immigration custody, Mendez moved to vacate his convictions pursuant to Penal Code section 1473.7.1 Mendez appeals from the trial court’s June 2020 order denying his motion for relief under section 1473.7 and denying his related request for the court to construe the motion as a petition for writ of habeas corpus. Mendez’s appellate counsel filed a brief under People v. Serrano (2012) 211 Cal.App.4th 496 (Serrano), and Mendez filed a supplemental brief. 1 Unspecified statutory references are to the Penal Code. For the reasons explained below, we affirm the trial court’s order denying Mendez’s motion under section 1473.7.2 I. FACTS AND PROCEDURAL BACKGROUND In 2007, a jury found Mendez guilty of one count of attempted premeditated murder (§§ 664, 187, subd. (a); count 11), six counts of assault (§ 245, subd. (a)(1); counts 1–4, 14, 15), two counts of dissuading a witness by force or threat (§ 136.1, subd. (c)(1); counts 5, 13), one count of threat of violence (§ 422; count 17), and multiple misdemeanors including one count of aggravated trespass (§ 602.5, subd. (b); count 7) and three counts of violating a protective order (§ 273.6, subd. (a); counts 8, 10, 18). The jury also found Mendez not guilty of inflicting corporal injury on a cohabitant (§ 273.5, subd. (a)) but found him guilty of the lesser included offense of battery on a cohabitant (§ 243, subd. (e)(1); count 16) and acquitted Mendez of other charges of burglary and one count of violating a protective order.3 On December 20, 2007, the trial court sentenced Mendez to a fixed term of 14 years in state prison, with 526 days of presentence credits. This court affirmed the judgment, following an appeal, in an opinion filed in 2009. (People v. Mendez, supra, H032453.) The California Supreme Court denied review in October 2009. In September 2010, Mendez filed a petition for writ of habeas corpus in the Monterey County Superior Court, which the court denied in a written order on November 1, 2010. Mendez also filed a petition for writ of habeas corpus in this court in November 2010, which we denied in December 2010, and petitions for writs of habeas corpus in the California …
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals