People v. Soto CA4/1

Filed 11/21/24 P. v. Soto CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D083709

Plaintiff and Respondent,

v. (Super. Ct. No. FSB18001451)

ALBERT SOTO,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Bernardino County, Alexander R. Martinez, Judge. Affirmed. Paul Stubb, Jr., under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Eric A. Swenson, Junichi P. Semitsu, and Monique Myers, Deputy Attorneys General, for Plaintiff and Respondent.

MEMORANDUM OPINION

Albert Soto1 appeals an order denying his motion to vacate a conviction under Penal Code section 1473.7. Soto claims the court erred because he (1) did not meaningfully understand the immigration consequences of the plea leading to his conviction and (2) was thus prejudiced because, had he understood, he would not have agreed to plead guilty. We find this matter appropriately resolved by memorandum opinion and affirm. (See generally People v. Garcia (2002) 97 Cal.App.4th 847.) I. In 2019, Soto was sentenced to two years in prison after he pled guilty to assaulting Yesenia A.—the mother of his two children—with a firearm and, in a separate case, driving under the influence of alcohol. As part of Soto’s plea deal, the court dismissed three misdemeanor charges—including domestic violence against Yesenia—and another assault with a firearm charge—also against Yesenia. Because of his accrued custody credits, Soto was released from prison four months later. Upon his release from prison, immigration officers took Soto back into custody and deported him. Soto had been deported twice before in connection with lesser crimes, including an arrest for misdemeanor domestic violence against Yesenia. He reentered without authorization after both deportations. In 2023, Soto filed a section 1473.7 motion to vacate his assault with a firearm conviction. In his supporting declaration, Soto claimed that while he knew his plea could have led to deportation, he was not aware he would be permanently barred from reentry. According to Soto, had he known he would be permanently barred, he would have “taken [his] chances” at trial because