Filed 2/18/21 P. v. Hernandez CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX THE PEOPLE, 2d Crim. No. B301728 (Super. Ct. No. 1486420) Plaintiff and Respondent, (Santa Barbara County) v. VIDAL ALEJANDRO HERNANDEZ, Defendant and Appellant. Vidal Alejandro Hernandez pled no contest to corporal injury of a child and was placed on probation for three years. (Pen. Code,1 273d, subd. (a).) Hernandez moved to vacate his conviction on the ground that he did not meaningfully understand the immigration consequences at the time he entered the plea. (§ 1473.7.) The trial court denied the motion. We affirm. 1 Further unspecified statutory references are to the Penal Code. FACTUAL AND PROCEDURAL HISTORY Hernandez is a legal permanent resident of the United States. In 2016, he struck his eight-year-old son in the face with a boot. He pled no contest to corporal injury of a child. Hernandez signed a plea form and initialed a box next to the following advisement: “I understand that if I am not a citizen of the United States, my plea of guilty or no contest may or, with certain offenses, will result in my deportation, exclusion from admission and reentry to the United States, and denial of naturalization and amnesty, and that the appropriate consulate may be informed of my conviction.” He was represented by counsel at the time of his plea. The plea form also advised: “If you have an attorney and have questions about anything in this form, ask your attorney.” Hernandez initialed a box indicating that he “had a full opportunity to discuss with [his] attorney . . . the consequences of this plea” and that he had “no further questions for the court or for [his] attorney with regard to [his] plea.” Hernandez’s attorney signed the plea form, attesting that he “reviewed this form with [Hernandez].” A Spanish interpreter also signed the form, attesting that she “truly interpreted this form to [Hernandez]” and that he stated he “understood the contents on the form.” A month after his plea, Hernandez was taken into custody by the United States Department of Homeland Security. He was notified that he was going to be placed in removal proceedings. In 2019, Hernandez filed the motion to vacate his conviction. Hernandez declared that trial counsel did not recommend he consult with an immigration attorney regarding 2 the immigration consequences of his plea and that the judge did not advise him of the “negative immigration consequences” of his plea. Hernandez declared that he “failed to meaningfully understand the immigration consequences” of his conviction, and had he known of the consequences, he would not have entered a no contest plea. The ...
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