P. v. Diosdado CA2/4
In 2016, defendant and appellant Martin Munoz Diosdado, a citizen of Mexico, pleaded guilty to several felony offenses he committed while driving drunk. In return, he was sentenced to a total term of three years in state prison with 517 days’ credit for time served. Sometime after his release from prison, defendant was placed into removal proceedings by the federal government and detained in an immigration facility. In 2019, defendant filed a motion to vacate his conviction pursuant to Penal Code section 1473.7, arguing he was not advised of, and did not understand, the immigration consequences of his plea. In an ex parte proceeding, the trial court denied defendant’s motion, finding “[d]efendant was advised by both defense counsel and the court that his plea would result in his deportation.”
Comments on P. v. Diosdado CA2/4