[Published Opinion] The Court of Appeal held that the trial court erred in rejecting appellant’s Penal Code section 1473.7 motion to vacate a possession for sale conviction (Health & Safety Code section 11378), which ultimately led to appellant’s deportation. In reaching this decision, the Court of Appeal found that, at the time appellant filed the motion, she was no longer in custody in the underlying case (and her probation status in a wholly separate case did not bar her motion), and she showed it was reasonably probable that she would not have entered her no contest plea if she had known its adverse immigration consequences. The court further noted that her attorney’s failure to properly advise her was prejudicial considering appellant’s “undisputed, deep, lifelong connections to this country, the dire consequences of her plea and the likelihood that she would have fought harder to avoid these consequences if she had known of them.”
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