Filed 3/13/23 P. v Lucero CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B317506 Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA056248) v. JUAN LUCERO, Defendant and Appellant. APPEAL from a postjudgment order of the Superior Court of Los Angeles County, Christian R. Gullon, Judge. Affirmed. Robert E. Myers, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Scott A. Taryle and Steven D. Matthews, Supervising Deputy Attorneys General, for Plaintiff and Respondent. ______________________ Juan Lucero pleaded guilty pursuant to a negotiated agreement in 2003 to one count of possession of a controlled substance for sale pursuant to Health and Safety Code section 11351 and was sentenced to three years of probation on condition he serve 90 days in county jail.1 On July 30, 2021 Lucero moved pursuant to Penal Code section 1473.7 (section 1473.7) to vacate his conviction on the ground prejudicial error damaged his ability to meaningfully understand the potential adverse immigration consequences of his plea. The superior court denied the motion after an evidentiary hearing, finding no credible evidence Lucero would have rejected the proposed plea agreement to avoid possible immigration consequences. We affirm. FACTUAL AND PROCEDURAL BACKGROUND 1. Lucero’s Plea and Conviction Lucero was charged in a one-count criminal complaint in March 2002 with possession of a controlled substance in violation of Health and Safety Code section 11351 (unlawful possession for sale)—an offense then punishable by two, three or four years in state prison. (See Stats. 2000, ch. 8, § 4.)2 On January 3, 2003, pursuant to an agreement negotiated prior to a preliminary 1 In May 2021 Lucero was permitted to withdraw his guilty plea, and the charge against him was dismissed pursuant to Penal Code section 1203.4. 2 The sentence of two, three or four years for violation of Health and Safety Code section 11351 may now be served in a county jail pursuant the Penal Code section 1170, subdivision (h), part of the Criminal Justice Realignment Act of 2011. 2 hearing, Lucero entered a plea of guilty to the charge and was sentenced to three years’ probation on condition he serve 90 days in county jail, with 33 days of custody credit. The written plea agreement signed and initialed by Lucero, which indicated the maximum term for the offense was four years, stated, “I understand if I am not a citizen of the United States, the conviction for the offense charged may have the consequences of deportation, exclusion from admission to the United States or denial of naturalization …
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