Filed 12/29/22 P. v. Magana CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIRST APPELLATE DISTRICT DIVISION TWO THE PEOPLE, Plaintiff and Respondent, A164224 v. DIMAS MAGANA, (San Mateo County Super. Ct. No. Defendant and Appellant. SC061828D) Dimas Magana was convicted of possession of ephedrine with intent to manufacture methamphetamine on a plea of no contest in 2006. In 2021, he moved to vacate the conviction pursuant to Penal Code section 1473.7,1 which permits individuals who are no longer in custody to move to vacate a conviction or sentence on the ground that it is “legally invalid due to prejudicial error damaging the moving party’s ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of” the plea. (§ 1473.7, subd. (a)(1).) He appeals from the denial of this motion. We affirm. Further statutory references will be to the Penal Code except as 1 otherwise specified. 1 BACKGROUND I. The 2006 conviction According to the 2006 probation report, Magana and four codefendants were found in the “rear house” of a residence where police were executing a search warrant for evidence related to methamphetamine manufacture. In the same location, police found evidence related to an “ ‘extraction lab,’ a process whereby pseudoephedrine is extracted from commercially available cold pills containing this substance, which is later used in the manufacturing of methamphetamine.” The police found approximately 14.63 kilograms of pseudoephedrine pills (about 200,000), 880 grams of cocaine, 1.99 kilograms of methamphetamine and 350 grams of marijuana. Two loaded guns were located and $25,885 in cash was seized. A conversation between Magana and his wife revealed that he had $35,000 in cash hidden in a suitcase at his house, an amount the probation officer said could not be accounted for by Magana’s salary. Magana claimed he was not involved and felt sorry for being at his codefendant’s house. The probation officer stated, however, that the amount of controlled substances, loaded weapons and large amount of cash “clearly indicated [Magana] was in an environment of criminal sophistication and professionalism” and the toxic fumes in the lab “would have made any uninvolved person leave.” One of the police officers reported that his throat began to burn due to chemical fumes in the lab. Magana was charged with seven felonies: Unlawful possession of methamphetamine for sale (Health & Saf. Code, § 11378), with two alleged enhancements for weight (id., § 11370.4, subd. (b)(1); § 1203.073, subd. (b)(2)) and an allegation that Magana was personally armed with a firearm (§ 120222, subd. (c)); unlawful possession of cocaine for sale (Health & Saf. 2 Code, § 11351), with alleged enhancements for weight (§ 1203.073, subd. (b)(1)) and …
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