What is the test for a motion to vacate a conviction or sentence under section 1473.7?

California, United States of America


The following excerpt is from People v. Murillo-Meza, B282190 (Cal. App. 2018):

A court must grant a motion to vacate a conviction or sentence under section 1473.7 "if the moving party establishes, by a preponderance of the evidence, the existence of any of the grounds for relief specified in subdivision (a)" of the statute. ( 1473.7, subd. (e).) "Ineffective assistance of counsel that damages a defendant's ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a guilty plea, if established by a preponderance of the evidence, is the type of error that entitles the defendant to relief under section 1473.7. [Citation.]" (People v. Ogunmowo (2018) 23 Cal.App.5th 67, 75 (Ogunmowo).)

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