P. v. Carreno CA2/2
In 1996 Candelario Carreno (under the name Alvaro Barras Perez) pleaded guilty to one count of possession of cocaine base for sale in violation of Health and Safety Code section 11351.5. Carreno served his sentence, and in 2017 filed a motion to vacate his plea pursuant to Penal Code section 1473.7, subdivision (a)(1). The superior court denied the motion, emphasizing it had been 21 years since Carreno had entered his plea. Carreno appeals.
We conclude the superior court’s focus on the length of time between appellant’s plea and his request for relief under section 1473.7 as the basis for denying the motion, together with its lack of findings regarding the grounds for the motion, demonstrate that the court misconstrued the requirements for relief under section 1473.7 and failed to properly consider appellant’s motion on its merits. Accordingly, we reverse and remand the matter to the superior court for a hearing on the merits of the motion.
Comments on P. v. Carreno CA2/2