People v. Martinez-Delgado CA2/2

Filed 7/14/23 P. v. Martinez-Delgado CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B324286

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA064201) v.

JESUS MARTINEZ-DELGADO,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Lee W. Tsao, Judge. Reversed and remanded for further proceedings. Karyn H. Bucur, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Noah P. Hill and Kathy S. Pomerantz, Deputy Attorneys General, for Plaintiff and Respondent.

The trial court summarily denied appellant Jesus Martinez-Delgado’s motion to vacate his conviction. (Pen. Code, § 1473.7.)1 Appellant argues that he “did not know that his guilty plea and the subsequent conviction would lead to mandatory deportation.” Without addressing the merits of appellant’s claim of ignorance, we conclude that the court erred as a matter of law by failing to conduct a hearing on the motion. (Id., subd. (d).) We reverse and remand for further proceedings. FACTS AND PROCEDURAL HISTORY This is appellant’s second appeal challenging the validity of his guilty plea. We quote our opinion from People v. Martinez- Delgado (Sept. 23, 2020, B303417) [nonpub. opn.] (Martinez- Delgado). “Appellant was charged with two felony drug offenses. On May 11, 2001, he pleaded guilty to possession of cocaine base for sale. (Health & Saf. Code, § 11351.5.) The court found a factual basis for the plea. It sentenced appellant to 120 days in jail and three years of formal probation.” (Martinez-Delgado, supra, B303417.) “In April 2004, appellant ran a red light at high speed, nearly colliding with a police patrol car. When stopped, he failed to produce a driver’s license and said he was on probation for a narcotic offense. During a probation search, officers found a plastic bag with $1,320 in cash hidden in the dashboard, bullets, and bags hidden in the car door panels containing 24.95 grams of tar heroin and 22.79 grams of cocaine base. As a result, the court revoked appellant’s probation and sentenced him to the midterm of four years in prison.” (Martinez-Delgado, supra, B303417.)