People v. Hernandez

Summary

The court held that Hernandez demonstrated prejudicial error under Penal Code section 1473.7(a)(1) because she did not meaningfully understand, have the ability to defend against, or knowingly accept the mandatory immigration consequences of her guilty plea. The court concluded that the plea-form advisement was relevant but not dispositive, and that the totality of the circumstances—including Hernandez’s personal circumstances, limited attorney interaction, and later conduct—established both error and prejudice. The court reversed and directed that Hernandez’s convictions be vacated and further proceedings conducted.