People v. Rivera CA2/8

Filed 3/24/26 P. v. Rivera CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B342234, B342236

Plaintiff and Respondent, Los Angeles County Super. Ct. No. BA130759, v. BA129027

ROSARIO RIVERA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Mildred Escobedo, Judge. Reversed and remanded with instructions. Edgar J. Cervantes, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Charles C. Ragland, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Steven D. Matthews and Nikhil Cooper, Deputy Attorneys General, for Plaintiff and Respondent. ____________________

Rosario Rivera sought to vacate two old convictions under section 1473.7 because he had not understood the immigration consequences of his pleas. The trial court denied relief. We reverse and remand for the trial court to enter an order granting Rivera’s application under section 1473.7. Undesignated statutory citations are to the Penal Code. In March 1996, a complaint charged Rivera with corporal injury to a cohabitant and genital penetration by a foreign object with force and violence. The victim in both counts was his partner and the mother of his children, Mercedes Ibarra. At a March 21 hearing, Rivera entered an open plea to the first charge and moved to dismiss the second count. The court advised Rivera that his plea “could” have immigration consequences. The court released Rivera on his own recognizance and set sentencing for a later date. About three weeks later, Rivera again inflicted corporal injury on Ibarra. On June 3, 1996, the parties agreed to a negotiated disposition in both cases. Rivera would remain in custody until a sentencing hearing on December 12 for both cases. The court again advised Rivera that his plea “could” have immigration consequences. Rivera confirmed that he understood. Rivera then entered a plea of no contest to the new charge of corporal injury on a cohabitant. On December 12, 1996, the trial court sentenced Rivera to 367 days in county jail and three years of probation for both cases. On July 30, 1999, the court found Rivera had violated the terms of his probation, revoked probation, and sentenced Rivera to concurrent two-year terms in state prison. In August 2024, Rivera filed a motion to withdraw his pleas in the two cases pursuant to section 1473.7. The