People v. Oliva CA2/8

Filed 5/28/24 P. v. Oliva CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B329696

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA110580) v.

RAMON RUESGA OLIVA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Christian R. Gullon, Judge. Reversed and remanded with directions. Jose Jordan & Associates and Jose R. Jordan for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Steven D. Matthews and Gary A. Lieberman, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant and appellant Ramon Ruesga Oliva appeals from the denial of his motion to vacate pursuant to Penal Code section 1473.7. We reverse and remand for further proceedings. FACTUAL AND PROCEDURAL SUMMARY Defendant was charged with one count of possession of an assault weapon (Pen. Code, § 30605, subd. (a)). In January 2016, at a hearing at which defendant was represented by counsel and was assisted by a Spanish language interpreter, he pled no contest to the weapons charge. In accordance with the terms of the plea agreement, the court suspended imposition of sentence and placed defendant on three years of formal probation. Defendant was ordered to serve 15 days of community service and three days in jail. He was given credit for time served. Defendant successfully completed probation. In 2018, defendant obtained an order reducing the conviction to a misdemeanor pursuant to Penal Code section 17, subdivision (b). In 2019, defendant obtained an order setting aside his plea, vacating his conviction and dismissing the case pursuant to section 1203.4. The expungement pursuant to section 1203.4 has no effect on federal immigration consequences. (People v. Martinez (2013) 57 Cal.4th 555, 560.) In August 2022, defendant filed a motion to withdraw his plea and vacate his conviction pursuant to Penal Code section 1473.7, supported by his declaration, a declaration from his present counsel and several exhibits. Defendant argued he did not meaningfully understand the legal ramifications of his plea and that his former counsel did not fully inform him of the specific immigration consequences of the plea offer.