People v. Gonzalez CA2/3

Filed 12/30/14 P. v. Gonzalez CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B257177

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. 1LG02039) v.

LEVI GERMAN GONZALEZ,

Defendant and Respondent.

APPEAL from an order of the Superior Court of Los Angeles County, Halim Dhanidina, Judge. Reversed and remanded.

Douglas P. Haubert, City Prosecutor, and Randall C. Fudge, Assistant City Prosecutor, for Plaintiff and Appellant.

Karlin & Karlin and Marc A. Karlin for Defendant and Respondent.

Defendant and respondent Levi German Gonzalez pleaded no contest to inflicting corporal injury upon his spouse in 2011. In 2013, he filed a petition for a writ of habeas corpus, seeking vacation of the conviction. Without issuing an order to show cause (OSC) or a writ of habeas corpus, the trial court granted the relief Gonzalez requested. Plaintiff and appellant the People of the State of California appeal the superior court’s order. They contend the court improperly granted the requested relief without issuing an OSC. We agree. Accordingly, we reverse the superior court’s order and remand for further proceedings. PROCEDURAL BACKGROUND On June 28, 2011, respondent Gonzalez was charged by complaint with inflicting corporal injury upon his spouse (Pen. Code, § 273.5, subd. (a), count 1)1 and false imprisonment (§ 236, count 2), both misdemeanors. On the same date, pursuant to a negotiated plea, Gonzalez pleaded no contest to count 1. In conjunction with his plea, he completed a document entitled “Misdemeanor Advisement of Rights, Waiver, and Plea Form.” The trial court suspended imposition of sentence, placed Gonzalez on summary probation for three years, imposed a variety of probation conditions, and dismissed count 2. In June 2013, Gonzalez filed a petition for a writ of habeas corpus seeking vacation of the 2011 judgment. He served a copy on the Long Beach City Prosecutor’s office. The petition, along with a memorandum of points and authorities and a supporting declaration, alleged the following. Gonzalez, a Mexican citizen, was seeking to become a lawful permanent resident of the United States based upon his marriage to his U.S. citizen wife. However, his 2011 no contest plea and conviction disqualified him from completing his permanent resident application and subjected him to removal from the United States.