People v. Singh CA3

Filed 6/29/22 P. v. Singh CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ---- THE PEOPLE, C093084 Plaintiff and Respondent, (Super. Ct. No. 10F06920) v. PRAVINDAR PREM SINGH, Defendant and Appellant. Defendant Pravindar Prem Singh, a noncitizen legal resident, was found guilty of various illegal substance charges. After serving his sentence for these convictions he was detained by Immigration and Customs Enforcement (ICE). He filed a motion under Penal Code section 1473.7,1 seeking to vacate his conviction after a jury trial. He argues that, had he known of the immigration consequences of those convictions, he would have 1 Undesignated statutory references are to the Penal Code. 1 attempted to negotiate a plea to an offense or offenses that did not carry those consequences. The trial court denied defendant’s motion, finding he was ineligible because his conviction was the result of a trial, not a plea. Assembly Bill No. 1259 (2021-2022 Reg. Sess.) (Assembly Bill 1259) became effective while defendant’s appeal was pending and modified section 1473.7. We conclude Assembly Bill 1259 makes clear defendants whose convictions derive from a trial are eligible for relief under section 1473.7, so we reverse the trial court’s order and remand for further proceedings. BACKGROUND In 2010, defendant was stopped for a traffic violation and law enforcement officers found about 200 grams of cannabis, a digital scale, empty baggies, cell phones, $580 in cash, and other items in defendant’s car. (People v. Singh (Feb. 10, 2016, C077348) [nonpub. opn.].)2 A jury found defendant guilty of possession of cannabis for sale (Health & Saf. Code, § 11359) and transportation of more than 28.5 grams of cannabis (Health & Saf. Code, § 11360, subd. (a)). (People v. Singh.) On September 8, 2014, defendant was sentenced to one year in prison. (Ibid.) Defendant appealed, and we affirmed his convictions. (Ibid.) On May 15, 2020, defendant filed a motion to vacate his conviction under section 1473.7. Defendant’s motion was supported by two declarations. The first was his declaration, which stated he is a legal permanent resident living in the country since he was 13 years old, and his wife, children, and parents are United States citizens. He 2 On our own motion, we take judicial notice of our opinion affirming the judgment of conviction and sentence in defendant’s direct appeal. (Evid. Code, §§ 459, subd. (a) [“The reviewing court may take judicial notice of any matter specified in Section 452”], 452, subd. (d) [permitting a court to take judicial notice of records of “any court of this state”].) 2 also declared his trial counsel did not advise him he would be inadmissible to stay in the country without defense to removal if he …

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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals