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PEOPLE v. ESPINOZA

No. S269647.

14 Cal.5th 311 (2023)

303 Cal. Rptr. 3d 670

522 P.3d 1074

THE PEOPLE, Plaintiff and Respondent, v. JUVENTINO ESPINOZA, Defendant and Appellant.

Supreme Court of California.

January 26, 2023.

Attorney(s) appearing for the Case

Sanger Swysen & Dunkle, Stephen K. Dunkle and Sarah S. Sanger for Defendant and Appellant.

Gibson, Dunn & Crutcher, Kahn A. Scolnick , Daniel R. Adler , Emily R. Sauer , Patrick J. Fuster and Matt Aidan Getz for Alyssa Bell, Reuven Cohen, Ingrid V. Eagly, Gilbert Garcetti, Meline Mkrtichian, Ronald J. Nessim, Gabriel Pardo and Jennifer Resnik as Amici Curiae on behalf of Defendant and Appellant.

Stanford Law School Immigrants' Rights Clinic, Jayashri Srikantiah and Yulie Landan for Asian Americans Advancing Justice—Asian Law Caucus, Alameda County Public Defender's Office, American Civil Liberties Union Foundation of Southern California, American Civil Liberties Union of Northern California, California Collaborative for Immigrant Justice, Centro Legal de la Raza. Community Legal Services in East Palo Alto, Dolores Street Community Services, Dreamer Fund, Immigrant Alliance for Justice and Equity, Immigrant Legal Defense, Jewish Family & Community Services East Bay, National Immigration Project of the National Lawyers Guild, Open Immigration Legal Services, Organization for the Legal Advancement of Raza, Public Counsel, San Francisco Office of the Public Defender, San Joaquin College of Law New American Legal Clinic, Santa Barbara County Immigrant Legal Defense Center, Silicon Valley De-Bug, Stand Together Contra Costa, Tahirih Justice Center, University of California Davis Immigration Law Clinic, University of California Irvine Criminal Justice Clinic and University of California Irvine Immigrant Rights Clinic as Amici Curiae on behalf of Defendant and Appellant.

Xavier Becerra and Rob Bonta , Attorneys General, Michael J. Mongan , State Solicitor General, Lance E. Winters , Chief Assistant Attorney General, Michael P. Farrell , Assistant Attorney General, Samuel P. Siegel , Deputy State Solicitor General, Darren K. Indermill , David Andrew Eldredge and Kari Ricci Mueller , Deputy Attorneys General, and Kimberly M. Castle , Associate Deputy State Solicitor General, for Plaintiff and Respondent.

OPINION

Penal Code section 1473.7 allows noncitizens who have served their sentences to vacate a conviction if they can establish by a preponderance of the evidence that their conviction is "legally invalid due to prejudicial error damaging [their] ability to meaningfully understand, defend against, or knowingly accept...

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