Filed 6/28/19 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION THREE THE PEOPLE, Plaintiff and Respondent, A152754 v. MIN CHANG CHEN, (Napa County Super. Ct. No. CR161827) Defendant and Appellant. Defendant Min Chang Chen, also known as Ivy Chang Chen, appeals the denial of her motion to vacate a conviction under Penal Code section 1473.7.1 Chen contends her trial counsel failed to properly advise her of the adverse immigration consequences of her plea agreement and that the erroneous advisement damaged her ability to meaningfully understand, defend against, and knowingly accept those consequences. We affirm the denial of her motion. BACKGROUND In May 2012, Napa Special Investigations Bureau found 262 marijuana plants growing in a house on Patricia Drive in American Canyon, following a fire at the property, where the utilities appeared to have been bypassed. Agents traced the house to Chen and her brother, who were located and arrested. They executed a search warrant for the search of Chen’s family restaurant and residence in Vallejo. Chen was charged with cultivating marijuana (Health & Saf. Code, § 11358) (count one); possession of marijuana for sale (Health & Saf. Code, § 11359) (count two); and theft of services (§ 498, subd. (b)) (count three). 1 All statutory references are to the Penal Code unless otherwise stated. 1 In June 2012, Chen was arraigned on these charges and completed an arraignment form which stated, “If you are not a United States citizen, a plea of Guilty or No Contest could result in your deportation, exclusion from admission to this country, or denial of naturalization.” Chen signed the form, attesting she understood its contents, and her court interpreter also signed the form, certifying it had been translated to Chen. In July 2012, pursuant to a negotiated disposition, Chen pleaded no contest to cultivation of marijuana in violation of Health and Safety Code section 11358. Counts two and three were dismissed. The plea form indicated a maximum penalty of three years in prison for the Health and Safety Code section 11358 violation. On her plea form Chen initialed the statement regarding the consequences of her plea: “I understand that, if I am not a United States citizen, a plea of guilty or no contest could result in my deportation, exclusion from admission to this country, or denial of naturalization.” Chen also signed the form, as did her interpreter who certified it was translated to Chen. At the hearing, with the aid of an interpreter, the trial court asked Chen, “Did the interpreter read it to you, did you understand it, and did you sign it?” The court also asked Chen if the initials on the plea form were hers and if she had had enough time to discuss her decision with her attorney. Chen responded, “Yes.” Asked if she had any questions about the contents of the plea form, Chen said, “No.” Probation’s presentence report was completed with the assistance of an interpreter. In her August ...
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