People v. Manzanilla (2022) 80 Cal. App. 5th 891

In People v. Manzanilla (2022), Mr. Manzanilla pled guilty in 2014 to a misdemeanor violation of Penal Code section 273.5 (corporal injury to a spouse) and was sentenced to 365 days in jail. Unbeknownst to Mr. Manzanilla, under federal immigration law, this sentence made him an aggravated felon subjecting him to mandatory deportation. Seeking to vacate the conviction to avoid deportation Mr. Manzanilla filed a penal code section 1473.7 motion in the Los Angeles Superior Court. The lower court denied the petition and the Court of Appeal reversed. The appellate court held that the defense counsel failed to advise the defendant that his plea would subject him to mandatory deportation and observed that the defense counsel failed to seek an immigration-safe plea. Finally, it was recognized that Mr. Manzanilla’s attorney’s conduct caused Mr. Manzanilla’s misunderstanding that he would face mandatory deportation if he pled.