Filed 6/13/22; Certified for Publication 7/6/22 (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT THE PEOPLE, B313557 Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA063994) v. CARLOS RENAN MANZANILLA, Defendant and Appellant. APPEAL from an order of the Superior Court of Los Angeles County. Daviann L. Mitchell, Judge. Reversed and remanded with instructions. Immigrant Defenders Law Center, Caitlin E. Anderson and Hannah K. Comstock for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Steven D. Matthews and Stephanie A. Miyoshi, Deputy Attorneys General, for Plaintiff and Respondent. _________________________________ Carlos Renan Manzanilla moved to vacate a 2014 felony conviction under California Penal Code section 273.5,1 which, with his sentence of 365 days’ county jail, is an aggravated felony under immigration law and subjects him to mandatory deportation. Manzanilla claimed three legal errors: That defense counsel failed to advise him that his nolo contendere plea meant mandatory deportation; that defense counsel failed to defend against the immigration consequences of his charge by seeking an immigration-safe plea, such as a one-day reduction in his sentence; and that he did not understand that he faced mandatory deportation when he entered his plea. The trial court denied Manzanilla’s motion on all three claims of legal error. It also rejected the parties’ agreement to allow Manzanilla to vacate his conviction and enter an immigration-safe plea to a misdemeanor. Manzanilla appealed. We reverse on all grounds. Manzanilla’s defense counsel did not specifically advise him that he would be subject to mandatory deportation. Defense counsel also failed to adequately defend because she did not consider the immigration consequences in plea bargaining, as evidenced by, among other things, her failure to counter the prosecution’s initial offer of 365 days’ jail with 364 days’ jail, which would have prevented Manzanilla from having an aggravated felony conviction. Finally, there is contemporaneous, objective evidence that Manzanilla did not subjectively understand that his plea would subject him to mandatory deportation. Manzanilla has shown prejudice from these errors by a preponderance of the evidence, 1 Undesignated statutory references are to the Penal Code. 2 including under the factors emphasized by our Supreme Court’s recent decision in People v. Vivar (2021) 11 Cal.5th 510 (Vivar). We reverse and remand with instructions to grant the motion to vacate. FACTUAL AND PROCEDURAL BACKGROUND I. 2014 Felony Conviction On August 19, 2014, the People filled a felony complaint against Manzanilla, charging him with one count of injuring a cohabitant resulting in a traumatic condition under section 273.5, subdivision (a), for having injured his girlfriend, Kellie Warner. According to the probation officer’s report, while inebriated, Manzanilla became angry with Warner for allegedly driving his car without his consent. Manzanilla choked Warner, causing her to lose consciousness. When she woke up, Manzanilla hit her on her face and upper torso. Warner escaped and called the police. When the police arrived, they observed injuries on Warner. She …
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