Filed 11/18/20 P. v. Marroquin CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SECOND APPELLATE DISTRICT DIVISION SEVEN THE PEOPLE, B299842 Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA224467-01) v. ARMANDO ANTONIO MARROQUIN, Defendant and Appellant. APPEAL from an order of the Superior Court of Los Angeles County, Craig Richman, Judge. Affirmed. David R. Greifinger, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Steven D. Matthews, Supervising Deputy Attorney General, and J. Michael Lehmann, Deputy Attorney General, for Plaintiff and Respondent. The superior court summarily denied Armando Antonio Marroquin’s motion pursuant to Penal Code section 1473.7, subdivision (a),1 to set aside his prior convictions. On appeal Marroquin argues the court erred in denying relief under section 1473.7, subdivision (a)(2), because the convictions were not based on a plea. Accordingly, he argues, the case should be remanded for a hearing, as required by the statute, and, if he alleges facts establishing a prima facie case for relief, for appointment of counsel. We affirm. FACTUAL AND PROCEDURAL BACKGROUND 1. Marroquin’s Prior Convictions Marroquin was convicted following a jury trial in 2002 of continuous sexual abuse of his daughter, a child under the age of 14 years (§ 288.5, subd. (a)); making a criminal threat (§ 422); and willful infliction of corporal injury on a spouse or cohabitant (§ 273.5). The court sentenced him to an aggregate term of 17 years eight months. We affirmed the judgment on appeal. (People v. Marroquin (April 13, 2004, B165641) [nonpub. opn.].) 2. Marroquin’s Motion To Vacate Convictions or Sentence Marroquin, now in federal immigration custody, filed a “Request for Notice and Ruling” on April 29, 2019. Marroquin’s request attached a completed Judicial Council form CR-187 (motion to vacate conviction or sentence pursuant to sections 1016.5 and 1473.7) and sought a ruling on the attached motion, which Marroquin explained had been previously mailed to the court. 1 Statutory references are to this code. 2 On the Judicial Council form Marroquin checked the box for item 3, next to “Motion Under Penal Code Section 1473.7.”2 Under the heading “Grounds for Relief,” he checked the box for item 3a, next to the form’s preprinted statement he sought relief because of a prejudicial error damaging the ability to meaningfully understand the actual or potential adverse immigration consequences of a plea of guilty or nolo contendere. In the space provided for factual support for item 3a, Marroquin wrote he had been denied the effective assistance of counsel because his attorney had provided erroneous advice regarding the immigration consequences of accepting a plea ...
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