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REVERSED: Denial of Motion to Withdraw Plea

People v. Rodriguez Court: California Courts of Appeal, Docket: A159679(First Appellate District), Opinion Date: August 30, 2021. In 2005, Rodriguez pleaded no contest to the charge of possession for sale of methamphetamine. She was placed on probation. She brought her Penal Code 1473.7 motion soon after she was detained by federal authorities, facing deportation. She submitted declarations of her own and from the law office that represented her, stating that her conviction was legally invalid because a prejudicial error damaged her ability to meaningfully understand the actual or potential adverse immigration consequences of her no contest plea. She stated that she had come to the U.S. when she was an infant and that her family, including her two young children, her parents, and her five sisters, all live in the U.S. The trial court rejected her motion, noting that she appeared to be on probation in another case and that she failed to show there was a reasonable probability that she would not have entered her plea if she had been fully informed of its adverse immigration consequences. The court of appeal reversed the denial of Rodriguez’s motion. Rodriguez's probation status in a separate case did not bar her motion. She showed it was reasonably probable that she would not have entered her plea if she had known its adverse immigration consequences.

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