Filed 6/27/22 P. v. Morales CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE THE PEOPLE, B313206 Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA098884) v. JOHNNY MEJIA MORALES, Defendant and Appellant. APPEAL from an order of the Superior Court of Los Angeles County, James D. Otto, Judge. Reversed and remanded with instructions. Bess Stiffelman, 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, Senior Assistant Attorney General, Noah P. Hill and Steven D. Matthews, Supervising Deputy Attorneys General, for Plaintiff and Respondent. ______________________________ Defendant and appellant Johnny Mejia Morales1 appeals the trial court’s order denying his motion to vacate his no contest plea pursuant to Penal Code section 1473.7, subdivision (a)(1).2 Morales argues the trial court erred in denying his motion without conducting a proper hearing in which he was represented by appointed counsel. We reverse and remand the matter for the trial court to appoint counsel if an indigency showing is made and conduct a hearing on the merits pursuant to section 1473.7. FACTUAL AND PROCEDURAL HISTORY On July 14, 2014, Morales, who was represented by counsel Joseph T. Gibbons, pleaded no contest to possessing for sale a controlled substance (Health & Saf. Code, § 11351) and possessing for sale a designated controlled substance (Health & Saf. Code, § 11375, subd. (b)(1)). The probation officer’s report stated that Morales was a citizen. Before accepting the plea, the trial court stated, “If you are not a citizen, this conviction will result in deportation, denial of naturalization, denial of the right 1 We used appellant’s name as spelled in the information and judgment, but the record reflects other possible spellings or aliases. The trial court should ensure, on remand, that the file correctly spells appellant’s name and lists any appropriate aliases, if necessary. 2 All further statutory references are to the Penal Code unless otherwise indicated. 2 to come back into the county. ¶ Are you, in fact a U.S. citizen?” 3 Morales responded, “Yes, your honor.” The trial court sentenced him to seven years in prison. On April 5, 2021, Morales in propria persona filed a motion to vacate his conviction pursuant to section 1473.7, subdivision (a)(1). He requested that the court hold a hearing in his absence because he was in federal immigration detention in Adelanto, California. Morales attached a statement alleging the court and his counsel failed to advise him of the immigration consequences of his plea, and that he would have pleaded differently had he understood the possible adverse immigration consequences, including deportation. Morales further alleged the court …
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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals