People v. Parra CA2/6

Filed 7/25/23 P. v. Parra CA2/6 Opinion following transfer from Supreme Court NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B309749 (Super. Ct. No. NA003695) Plaintiff and Respondent, (Los Angeles County)

v. OPINION ON TRANSFER FROM SUPREME COURT JOEL QUINTANA PARRA,

Defendant and Appellant.

In August 2021, we filed our opinion affirming the postjudgment order denying Joel Quintana Parra’s1 motion to vacate his conviction pursuant to Penal Code section 1473.7. (People v. Parra (Aug. 6, 2021, B309749 [nonpub. opn.].) Quintana contends his guilty plea to felony forgery is invalid due to prejudicial error impairing his ability to understand the immigration consequences of his plea. In October 2021, the

1 The record contains several variations of appellant’s name, including Joel Parra Quintana, Joel Para Quintana, Joel Parra, and Joel Quintana-Parra.

California Supreme Court granted review and in May 2023 transferred the matter back to us “with directions to vacate [our] decision and reconsider the cause in light of People v. Espinoza (2023) 14 Cal.5th 311.” We do so, and upon reconsideration, affirm. FACTUAL AND PROCEDURAL BACKGROUND Guilty plea and sentence In 1990, Quintana was charged with felony counts of receiving stolen property (count 1, Pen. Code, § 496, former subd. 1) and forgery of a vehicle certificate of title (count 2, Pen. Code, § 470). Quintana pleaded guilty to forgery in exchange for felony probation and one year in county jail. The trial court advised him: “If by some chance you are not a citizen of this country, this conviction could result in your being deported, your being denied naturalization, your being denied the right to come back into the country at a later time.” Quintana said he understood. The minute order states, “Defendant advised of possible effects of plea on any alien/citizenship/probation/parole status.” The court placed Quintana on probation with terms including 365 days in the county jail, with credit for 101 actual days served and 50 days conduct credit. On motion of the People, the court dismissed count 1. In 1995, the court found Quintana in violation of probation and sentenced him to 16 months in state prison, with credit for 335 actual days served and 165 days conduct credit. He received a concurrent prison sentence of 16 months for a 1995 felony conviction of petty theft with a prior (Pen. Code, § 666). In 2016, the section 666 conviction was reduced to a misdemeanor. (Pen. Code, § 1170.18, subd. (g).)