People v. Robles CA4/3

Filed 6/2/25 P. v. Robles CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE,

Plaintiff and Respondent, G063262

v. (Super. Ct. No. 97CF0592)

RICARDO ROBLES, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Gassia Apkarian, Judge. Reversed and remanded with directions. Sally Patrone, 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 and Heather M. Clark, Deputy Attorneys General, for Plaintiff and Respondent.

Ricardo Robles appeals from the trial court’s order denying his motion to vacate his convictions pursuant to Penal Code section 1473.7.1 The Attorney General concedes Robles did not understand his plea’s immigration consequences. Exercising our independent review, we conclude Robles’ error was prejudicial. We reverse with directions for the court to grant the motion. FACTS In 1997, Robles pleaded guilty to a felony violation of section 288, subdivision (a) (lewd act upon a child) and a felony violation of section 261.5, subdivision (d) (unlawful sexual intercourse with a minor). Robles, 26 years old at the time, admitted to having engaged in sexual intercourse with a 12- year-old girl over a three-month period. He was facing a maximum sentence of eight years in prison but accepted a negotiated plea in which he served 90 days in jail. At the advice of his attorney, he accepted the plea to avoid receiving a maximum sentence. In 2023, pursuant to section 1473.7, Robles filed a motion to vacate his conviction. The motion included declarations from himself and his immigration attorney, Fabian C. Serrato, as well as letters of support from his mother and half-brother. In his declaration, Robles explained he came to the United States in 1995 when he was 24 years old. His mother, half- brother, and grandfather resided in the United States, and he has maintained employment since arriving. Robles was expecting a child at the time of the plea whom he began to reside with, as well as the mother, after he was released from custody. Robles attested he “would never have entered a guilty plea to the charge against [him]” had he known that he “would never be able to apply for some form of relief from deportation . . . .” The attorney