Filed 3/15/21 P. v. Murillo CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE THE PEOPLE, B305354 Plaintiff and Respondent, (Los Angeles County Super. Ct. No. A193950) v. JUANA MURILLO, Defendant and Appellant. APPEAL from an order of the Superior Court of Los Angeles County, Laura C. Ellison, Judge. Affirmed. Law Office of Gary Finn and Gary Finn for Defendant and Appellant. Xavier Becerra, Attorney General, Julie L. Garland and Charles C. Ragland, Assistant Attorneys General, and Adrian R. Contreras, Deputy Attorney General, for Plaintiff and Respondent. —————————— Juana Murillo appeals from an order denying her motion under Penal Code1 section 1473.7 to withdraw her 1978 guilty plea to drug-related offenses. Because Murillo failed to establish prejudicial error, we affirm. BACKGROUND Murillo was born in Mexico but came to the United States in about 1977 to work so that she could send money to her ill mother back in Mexico. She lived with her sister in the United States and planned to return to Mexico after one year. However, in 1978, Murillo was arrested and pleaded guilty to selling or transporting marijuana (Health & Saf. Code, § 11360) and to possessing marijuana for sale (Health & Saf. Code, § 11359). At the plea hearing, Murillo, with the assistance of a Spanish language interpreter, agreed that she had discussed the facts and all possible defenses with her attorney. When her counsel asked the trial court to advise Murillo about deportation, the trial court advised her in accordance with section 1016.5 that if she was “not a citizen of the United States, you are advised that conviction of the offense for which you have been charged and to which you are pleading guilty may have the consequence of deportation, exclusion from admission to the United States, of denial of naturalization pursuant to the laws of the United States.” Murillo said she understood.2 In 2019, Murillo moved under section 1473.7 to withdraw her guilty plea, arguing that she entered into the plea without a 1 Allfurther statutory references are to the Penal Code unless otherwise indicated. 2 Murillo’s sentence is not in the record. 2 meaningful understanding of the immigration consequences.3 In her accompanying declaration, Murillo stated she was now 60 years old, had lived in the United States for over 40 years, and had a California-born daughter. Her daughter had filed a visa petition on Murillo’s behalf. With respect to her 1978 conviction, Murillo said she was arrested with another woman. Murillo’s then attorney advised Murillo to plead guilty, saying she would get probation and would not receive a long jail sentence. She did not want to plead guilty, but her attorney …
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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals