Filed 6/20/22 P. v. Sandoval CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA THE PEOPLE, D079689 Plaintiff and Respondent, v. (Super. Ct. No. 16260-B) HUGO I. MADRID SANDOVAL, Defendant and Appellant. APPEAL from an order of the Superior Court of Imperial County, Poli Flores, Jr., Judge. Reversed and remanded with directions. Christopher A. Reed, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Arlene Sevidal, and Randall D. Einhorn, Deputy Attorneys General, for Plaintiff and Respondent. This is an appeal from an order denying appellant’s petition to vacate his 1994 felony conviction under Penal Code 1 section 1473.7. Appellant 1 All further statutory references are to the Penal Code unless otherwise. contends the trial court erred in applying the wrong standard for determining whether appellant was reasonably diligent in first seeking relief in 2021. Appellant also contends the court failed to understand the scope of its discretion under the statute. The Attorney General properly concedes the trial court erred and urges this court to reverse the order denying relief and remand for further proceedings applying the proper standard. We addressed a similar issue in People v. Alatorre (2021) 70 Cal.App.5th 747, 765-766 (Alatorre). We will reverse the order denying the petition under section 1473.7 and remand for a new hearing. FACTS AND PROCEDURAL BACKGROUND Given the Attorney General’s concession, the parties do not dispute the factual or procedural background. We will adopt the statement of facts and procedure set forth in the respondent’s brief. Appellant is a native and citizen of Mexico. On June 7, 1990, he “entered [the United States] as an Immigrant.” On May 19, 1994, the Imperial County District Attorney filed a felony complaint charging appellant with transportation/sale of a controlled substance (cocaine) (Health & Saf. Code, § 11352, subd. (a); count 1), possession for sale of a controlled substance (cocaine) (Health & Saf. Code, § 11351; count 2), and criminal conspiracy to commit a felony (Pen. Code, § 182; count 3). On September 1, 1994, appellant pled guilty to felony possession for sale of a controlled substance (count 2) and was sentenced to a suspended term of two years in state prison, five years formal probation, and 365 days in county jail. As a result of this conviction, on November 7, 1994, Immigration and Naturalization Service initiated deportation proceedings against appellant, charging him with deportability from the United States as an alien convicted 2 of a violation of any law or regulation relating to a controlled substance (former § 241(a)(2)(B)(i) of the Immigration and Nationality Act (INA)), and as an alien convicted of an aggravated felony (§ 241(a)(2)(A)(iii) …
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