P. v. Valadez CA5
Appellant Francisco Herrera Valadez (appellant) pleaded no contest to robbery in 1992 (Pen. Code, § 211) and was placed on probation. In 1998, the superior court granted appellant’s motion to expunge/dismiss his conviction because he successfully completed probation.
In 2019, appellant, identifying himself for the first time as “Raymundo Rodriguez aka Francisco Herrera Valadez,” filed a motion to vacate his robbery plea pursuant to section 1473.7. Appellant asserted that when he entered his plea in 1992, he was not aware that his conviction for robbery would result in harsh immigration consequences, and his plea should be vacated because of his prejudicial error. The superior court held a hearing and denied the motion to vacate. Appellant immediately filed a motion for the superior court to reconsider its ruling based on alleged factual and legal errors, and new evidence in appellant’s file from the public defender’s office.
Comments on P. v. Valadez CA5