Filed 3/8/23 P. v. Villalba CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO THE PEOPLE, B318353 Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA143872) v. CESAR ALFREDO VILLALBA, Defendant and Appellant. APPEAL from an order of the Superior Court of Los Angeles County, LaRonda J. McCoy, Judge. Reversed and remanded. Douglas Jalaie for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Scott A. Taryle, Steven D. Matthews and David F. Glassman, Deputy Attorneys General, for Plaintiff and Respondent. Defendant and appellant Cesar Alfredo Villalba (defendant) appeals the denial of his motion brought pursuant to Penal Code section 1473.7, subdivision (a)1 to withdraw his 2017 no contest plea to a violation of section 273.5 and to vacate his conviction. He contends that he did not meaningfully understand the actual adverse immigration consequences of the conviction because his counsel misadvised him, and the sentencing court gave a contradictory advisement. He also contends that he would not have agreed to the plea if he had understood, and thus the trial court erred in denying the motion. As we find that defendant’s undisputed evidence demonstrated a reasonable probability that if he had been properly advised of the immigration consequences of his plea, he would not have pled no contest to an offense requiring mandatory deportation, we reverse the order and remand with directions to the trial court to grant the motion and vacate the conviction pursuant to section 1473.7, subdivision (e). BACKGROUND Defendant’s plea and conviction On January 26, 2017, defendant was charged by felony complaint with inflicting corporal injury on his spouse, in violation of section 273.5, subdivision (a). The complaint also alleged pursuant to section 12022.7, subdivision (c) that defendant inflicted great bodily injury on the victim. The probation report explained that defendant and his wife, Jessica Martinez began arguing while dining and intoxicated. Arguing in the parking lot of the restaurant, defendant punched his wife in the face twice and threw her to the pavement, where she struck 1 All further unattributed code sections are to the Penal Code unless otherwise stated. 2 her face and head. Another couple intervened, and police were called. Martinez was treated at the hospital and released. She told the probation officer that she and defendant had been together for 14 years, married for three, and together they were raising one child in common and her three children. She denied any prior instances of domestic violence or other issues in their relationship and did not want a restraining order. Three months later, on April 26, 2017, defendant waived preliminary hearing and …
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals