People v. Delgado CA2/6

Filed 3/4/26 P. v. Delgado CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B337252 (Super. Ct. No. BA045767) Plaintiff and Respondent, (Los Angeles County)

v.

ADOLFO DELGADO,

Defendant and Appellant.

Adolfo Delgado appeals the denial of his motion under Penal Code1 section 1473.7 to vacate his 1991 drug conviction. We conclude the trial court improperly denied his motion as successive. We will reverse and remand with instructions. FACTUAL AND PROCEDURAL BACKGROUND On or about October 9, 1991, a complaint charged appellant with transportation, sale, or furnishing of phencyclidine (PCP) (Health & Saf. Code, § 11379.5, subd. (a)).

1 Undesignated statutory references are to the Penal Code.

On October 28, 1991, appellant waived arraignment and pleaded not guilty. On November 19, 1991, appellant pleaded guilty pursuant to an agreement under which the People would ask the court to sentence appellant to a three-year “lid” and the case would proceed in a certain department. During the hearing, the prosecutor advised: “You should be informed, even though this does or does not apply to you, if you are not a citizen of the United States, that a plea of guilty to this charge could result in your deportation from the United States and your inability to become a naturalized citizen of the United States. Do you understand that?” Appellant replied, “Yes.” On January 14, 1992, the court imposed and suspended the low term of three years in state prison. The court placed appellant on formal probation for three years with 180 days in county jail as a condition of probation. On April 10, 2018, appellant filed a motion to vacate his conviction under section 1473.7. Appellant argued his counsel had been ineffective. The court held a hearing and denied the motion. On December 13, 2023, appellant filed another motion to vacate his conviction under section 1473.7. Appellant declared that he came to the United States in 1976 as a permanent resident. His wife is a citizen, and his four children were born in the United States. Three of the four children were born before appellant’s 1991 plea. According to counsel’s December 2023 declaration, appellant “was brought to ICE (Immigration and Custom Enforcement) attention in 2013 with the filing of a Notice to Appear charging him as deportable. . . . The Immigration Judge