California Supreme Court

People v. Espinoza

January 26, 2023

Summary

The court held that Espinoza established prejudicial error under Penal Code section 1473.7 because he showed a reasonable probability that he would have rejected his plea or sought an immigration-safe alternative had he understood the plea's immigration consequences. Applying independent review to the written record, the court relied on his extensive ties to the United States, lack of a prior criminal record, and evidence that alternative dispositions may have been available. The court reversed and directed entry of an order vacating the conviction.