People v. Maya CA2/6

Filed 10/15/20 P. v. Maya CA2/6 Opinion following remand from Supreme Court NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX THE PEOPLE, 2d Crim. No. B290589 (Super. Ct. No. 2010031209) Plaintiff and Respondent, (Ventura County) v. OPINION FOLLOWING TRANSFER FROM SUPREME COURT MISAEL VENCES MAYA, Defendant and Appellant. Misael Vences Maya appeals orders denying a motion to expunge his misdemeanor conviction for felony possession of methamphetamine. (Pen. Code,1 § 1203.4a [rehabilitation of misdemeanants]; Health & Saf. Code, § 11377, subd. (a).) This appeal concerns the trial court’s denial of Maya’s request to expunge his conviction for possession of methamphetamine following his successful motion to reduce the felony conviction to a misdemeanor. In ruling against Maya, the All statutory references are to the Penal Code unless 1 otherwise stated. trial judge stated that Maya could not establish that he had lived “an honest and upright life” as required by section 1203.4a, subdivision (a) because he has been in continuous state or federal custody following his 2011 conviction. The court later denied Maya’s motion for reconsideration, noting that it was denying relief in the exercise of its discretion. Maya then appealed the denial of his expungement motion and motion for reconsideration. In a published decision, we affirmed the court’s orders by a majority opinion. (People v. Maya (2019) 33 Cal.App.5th 266.) Maya sought further review and, on July 10, 2019, our Supreme Court granted Maya’s petition for review. On April 9, 2020, our Supreme Court decided People v. Maya (2020) 9 Cal.5th 239 (Maya). The court concluded that a person seeking expungement of a misdemeanor conviction may establish the requirement of “an honest and upright life” by his actions and behavior while in custody. (Id. at p. 242.) The court transferred Maya’s appeal to us with directions to vacate our opinion and reconsider the appeal in light of its decision. (Id. at p. 243.) The parties have now filed supplemental briefs regarding the court’s decision. We have complied with our Supreme Court’s directions. Accordingly, we reverse and remand the matter to the trial court to consider evidence of Maya’s actions and behavior while in custody as proof of his honest and upright life within the meaning of section 1203.4a. FACTUAL AND PROCEDURAL HISTORY On June 30, 2011, Maya pleaded guilty to driving under the influence with six prior driving-under-the-influence convictions, and felony possession of methamphetamine. (Veh. Code, §§ 23152, subd. (a), 23550; Health & Saf. Code, § 11377, subd. 2 (a).) He also admitted that he had served two prior prison terms. (§ 667.5, subd. (b).) During the plea colloquy, the prosecutor advised Maya of the immigration consequences of his plea, including ...

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