P. v. Guy CA4/2
Pursuant to a plea agreement, defendant and appellant Somporn Guy pled guilty to one count of cultivating marijuana. (Health & Saf. Code, § 11358, count 1.) In exchange, a trial court dismissed a possession of marijuana for sale charge (Health & Saf. Code, § 11359, count 2) and granted defendant 36 months of probation, under specified conditions. Subsequently, the court reduced count 1 to a misdemeanor under Proposition 64. (Health & Saf. Code, § 11361.8, subd. (b).) On January 1, 2017, Penal Code section 1473.7 went into effect. It permits a defendant to challenge a conviction based on a guilty plea where prejudicial error affected the defendant’s ability to understand the immigration consequences of the plea. (§ 1473.7.) Defendant filed a motion to vacate her conviction under section 1473.7. The court denied the motion.
On appeal, defendant contends that the court abused its discretion by denying her motion under section 1473.7. We affirm.
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