People v. Gregor

Filed 8/12/22 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Shasta) ---- THE PEOPLE, C090171 Plaintiff and Respondent, (Super. Ct. No. 10F7257) v. ANDREW LAWRENCE GREGOR, Defendant and Appellant. APPEAL from a judgment of the Superior Court of Shasta County, Daniel E. Flynn, Judge. Affirmed. Meredith Lee Fahn, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Daniel B. Bernstein, Stephanie A. Mitchell, Deputy Attorney General, for Plaintiff and Respondent. 1 Defendant Andrew Lawrence Gregor, a naturalized citizen from Australia, pleaded guilty to a felony sex offense that was later reduced to a misdemeanor and dismissed after early termination of probation. After he was informed he was not able to sponsor his father for a family visa due to this conviction, defendant filed the instant motion pursuant to Penal Code section 1473.7 and sought to withdraw his plea claiming he was unable to meaningfully understand, defend against, or knowingly accept the adverse immigration consequences of his conviction.1 The trial court denied the motion; defendant appealed. We affirm the order denying the motion to withdraw the plea. FACTUAL AND PROCEDURAL BACKGROUND In April 2011, pursuant to a plea agreement, defendant pleaded guilty to felony contacting a minor with the intent to commit a sexual offense (§ 288.4, subd. (b); count 2), and no contest to misdemeanor contact with a minor with the intent to commit a sex offense (§ 288.4, subd. (a)(1); count 3). Sentencing was delayed for one year. If defendant successfully completed a sexual integrity program, count 2 was to be dismissed. In the “Felony Change of Plea; Waiver of Rights; Advisement of Consequences; Findings and Order” form, defendant initialed the box stating, “If I am not a citizen of the United States, my plea could result in my being deported from, or excluded from admission to the United States, or denied citizenship.” When he entered his plea, defendant acknowledged reading, understanding, and giving up each right listed on the form. 1 Further undesignated statutory references are to the Penal Code. 2 On September 27, 2012, the trial court dismissed count 2 and placed defendant on informal probation for three years on count 3. Since the time of sentencing, this case has undergone a series of procedural maneuvers we do not recount here, as only the final motion is the subject of this appeal. In August 2016, defendant received a letter from the United States Citizenship and Immigration Services (USCIS) advising him that the USCIS intended to deny his petition for a family-based visa for his wife. The USCIS identified a federal law prohibiting United States citizens and lawful permanent residents who have been convicted of specified offenses against a minor from filing a family-based visa petition. On March 15, 2018, defendant filed a motion pursuant to section 1473.7. We will discuss the relevant statutory provisions in detail post, but it suffices …

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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals