P. v. Torres CA5
Defendant Isaias Andrade Torres appeals from an order denying his motion under Penal Code section 1473.7, subdivision (a)(1) to vacate a 2012 plea of no contest. After receiving testimony and considering declarations and transcripts, the superior court stated that “the burden has not been met and I’m going to deny the motion.”
Applying the independent standard of review set forth in People v. Vivar (2021) 11 Cal.5th 510 (Vivar), and giving deference to credibility findings where the superior court personally observed the witness, we conclude Isaias (1) established by a preponderance of the evidence that he did not meaningfully understand the mandatory immigration consequences (permanent deportation) of his no contest plea and (2) demonstrated a reasonable probability that he would have rejected the plea if he had understood those consequences.
We therefore reverse the order denying the section 1473.7 motion.
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