Jan. 26, 2023 – People v. Espinoza (Supreme Ct., S269647)

The Supreme Court clarifies what constitutes a sufficient showing of prejudicial error under PC 1473.7, which allows a noncitizen to vacate a prior conviction if they can establish that there was error damaging their ability to understand the immigration consequences of the conviction, and that they would have rejected the plea had they understood. The court finds that defendant made a sufficient showing of prejudice through evidence demonstrating his “deep and long-standing ties to the United States” and the availability of alternative, immigration safe dispositions.