Filed 6/2/21 P. v. Medina CA4/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOURTH APPELLATE DISTRICT DIVISION TWO THE PEOPLE, Plaintiff and Respondent, E073163 v. (Super.Ct.No. FSB1301112) NOE RODRIGUEZ MEDINA, OPINION Defendant and Appellant. APPEAL from the Superior Court of San Bernardino County. Steve Malone, Judge. Reversed. Kendall Dawson Wasley, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Collette Cavalier and Adrian R. Contreras, Deputy Attorneys General, for Plaintiff and Respondent. 1 INTRODUCTION Defendant and appellant Noe Rodriguez Medina appeals from a postjudgment order denying his motion under Penal Code section 1473.7 to vacate his 2011 convictions for possession for sale of marijuana (Health & Saf. Code, § 11359) and being a felon in possession of a firearm (Pen. Code,1 former § 12021, subd. (a)(1)). Defendant contends the motion should have been granted on the grounds that his trial attorney provided ineffective assistance of counsel by failing to advise him of the immigration consequences of his plea, as well as his own error in not understanding the consequences of his plea. We conclude that defendant established prejudicial error under Penal Code section 1473.7. Thus, we reverse the trial court’s order denying his Penal Code section 1473.7 motion. PROCEDURAL BACKGROUND In 2010, the Riverside County District Attorney filed a felony complaint charging defendant with possession for sale of marijuana (Health & Saf. Code, § 11359, count 1), cultivating marijuana (Health & Saf. Code, § 11358, count 2), unlawful possession of a controlled substance (Health & Saf. Code, § 11350, subd. (a), count 3), possession of a firearm by a felon (Pen. Code, former § 12021, subd. (a)(1), count 4), and possession of ammunition by a felon (Pen. Code, former § 12316, subd. (b)(1), count 5). 1 All further statutory references will be to the Penal Code unless otherwise indicated. 2 On April 12, 2011, defendant pled guilty to counts 1 and 4. In exchange, a trial court placed him on probation for three years, which included 180 days in county jail. The court dismissed the remaining charges pursuant to the plea agreement. On December 20, 2018, the United States Department of Homeland Security initiated removal proceedings and issued a warrant for defendant’s arrest. On January 24, 2019, defendant filed a petition under Health and Safety Code section 11361.8 to reduce count 1 to a misdemeanor, which the court granted. On May 1, 2019, an immigration judge entered an order of removal against defendant. On June 3, 2019, defendant filed a motion to vacate his convictions on counts 1 and 4 under section 1473.7. He claimed that …
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