Filed 6/22/23 P. v. Hernandez CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT THE PEOPLE, B315243 Plaintiff and Respondent, Los Angeles County Super. Ct. No. NA102181 v. EDUARDO HERNANDEZ, Defendant and Appellant. APPEAL from an order of the Superior Court of Los Angeles County, Judith L. Meyer, Judge. Affirmed. Justin Behravesh, 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, Assistant Attorney General, Steven D. Matthews and Nikhil Cooper, Deputy Attorneys General, for Plaintiff and Respondent. —————————— We address the intersection of Penal Code sections 1203.9 and 1473.7.1 Appellant invoked section 1203.9 so he could be supervised on probation in the county where he permanently resided, rather than in the county where he was convicted and sentenced. Section 1203.9 allows “full jurisdiction” to be transferred on motion by the probationer. Section 1473.7 permits noncitizens to move to withdraw their pleas if they were unable to meaningfully understand the immigration consequences of those pleas. Appellant filed such a motion in the court of his county of supervision, not conviction. The question presented is whether section 1203.9 permits a probationer (or, as here, a former probationer) to file a motion to withdraw plea in the county of probation supervision, as opposed to the county of conviction. We conclude, as did the trial court, that appellant should have filed his motion to withdraw his plea in the county where he was prosecuted, convicted, and sentenced. Accordingly, we affirm the trial court. FACTUAL BACKGROUND On August 31, 2012, in San Bernardino County Superior Court, appellant Eduardo Hernandez entered a no contest plea to one count of assault by means likely to produce great bodily injury. He was placed on three years formal probation. Shortly after being placed on probation, appellant was deported. He later illegally reentered the country. In 2014, his probation was reinstated and on June 25, 2015, the sentencing court transferred probation supervision and jurisdiction from San Bernardino County to Los Angeles County, where appellant permanently resided, pursuant to section 1203.9. 1 Undesignated statutory references are to the Penal Code. 2 On April 6, 2021, appellant filed a motion in Los Angeles County Superior Court to vacate his plea pursuant to section 1473.7. By then he had already completed his probationary sentence. On August 23, 2021, the trial court concluded it lacked jurisdiction to hear appellant’s motion and directed him to refile the motion in San Bernardino County Superior Court. This timely appeal followed. DISCUSSION A. Standard of Review Questions of statutory interpretation are reviewed de novo. (People v. Prunty (2015) 62 Cal.4th 59, 71.) …
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