Filed 3/8/23 P. v. Piedrasanta CA4/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, E078614 v. (Super.Ct.No. FSB17004464) LIVIN PIEDRASANTA, OPINION Defendant and Appellant. APPEAL from the Superior Court of San Bernardino County. William Jefferson Powell IV, Judge. Affirmed. U.S. Law Center and Sanjay Sobti, and Conrad A. Aragon, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, and Melissa Mandel and Adrian R. Contreras, Deputy Attorneys General, for Plaintiff and Respondent. 1 In 2018, Livin Piedrasanta pled no contest to inflicting corporal injury on a spouse. In 2021 Piedrasanta filed a motion under Penal Code1 section 1473.7 seeking to set aside his plea because he was not aware of its immigration consequences. The trial court held an evidentiary hearing on the motion and denied it. On appeal, Piedrasanta argues the court erred by concluding he was properly advised of the immigration consequences of his plea. We affirm. FACTS Piedrasanta came to the United States from Guatemala in 2002 as an undocumented immigrant. He has two children, both born in the United States. Both children live with him. He is currently married and was married to another woman prior to 2018. He claims he never left the United States. In 2017, the San Bernardino County District Attorney charged Piedrasanta by information with inflicting corporal injury on a spouse. (§ 273.5, subd. (a).) In 2018, Piedrasanta agreed to plead no contest to an added second count of inflicting corporal injury on a spouse. In exchange, the court dismissed the first count, and sentenced Piedrasanta to 158 days in county jail and three years’ probation. As part of his plea, Piedrasanta completed a change of plea form. Piedrasanta initialed and signed an advisement on that form stating, “I understand that if I am not a citizen of the United States, deportation, exclusion from admission to the United States, or denial of naturalization will result from a conviction of the offense(s) to which I plead 1 Unlabeled statutory citations refer to this code. 2 guilty/no contest.” (Italics added.) Both a Spanish language interpreter and defense counsel also signed the form, averring that they read and explained the form to Piedrasanta. When taking this change of plea, the court asked Piedrasanta whether he had enough time to review his rights, the evidence against him, and possible defenses with his attorney. Piedrasanta said he did. Defense counsel advised the court that articulating a factual basis for Piedrasanta’s crime posed an immigration issue, so counsel stipulated there was a factual basis for the plea without adopting specific facts as the …
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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals