People v. Mendez CA6
H048225
| Cal. Ct. App. | Oct 5, 2021Background
- Appellant Juan Mendez, a lawful permanent U.S. resident, was convicted by jury in 2007 of multiple felonies including attempted premeditated murder and multiple assaults; sentenced to 14 years.
- Mendez exhausted direct appeal and multiple state and federal habeas petitions challenging aspects of his trial; those petitions were denied.
- In 2018 DHS initiated removal proceedings based on the 2007 convictions; Mendez was detained in federal immigration custody.
- On December 30, 2019, Mendez (pro per) moved under Penal Code § 1473.7 to vacate his convictions, arguing trial counsel’s deficient plea negotiation and failure to advise on immigration consequences caused him to reject a favorable plea.
- The trial court denied the § 1473.7 motion and Mendez’s request to treat it as a habeas petition, concluding § 1473.7 applies to pleas (guilty/nolo) not jury convictions and that collateral estoppel barred re-litigating issues already decided.
- On appeal, the Court of Appeal affirmed, holding § 1473.7 relief is limited to convictions obtained through guilty or nolo contendere pleas and that Mendez’s claims about trial-counsel conduct at trial (already litigated) were precluded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether prior habeas denials preclude a §1473.7 motion | People: prior habeas rulings have collateral estoppel effect as to previously litigated and decided issues | Mendez: earlier habeas denials while in criminal custody do not bar a §1473.7 motion raising different grounds once out of custody | Court: Collateral estoppel bars re-litigation of identical issues actually decided, but §1473.7 claims based on different grounds (immigration-advice prejudice) are not precluded |
| Whether §1473.7 authorizes vacatur of convictions obtained after jury trial (not plea) | People: §1473.7 relief is limited to convictions/sentences obtained through guilty or nolo pleas | Mendez: statute’s terms and purpose permit vacatur of convictions generally, including after jury verdicts | Court: Held §1473.7 applies only where conviction/sentence was obtained through a guilty or nolo plea; does not cover jury convictions |
| Whether Mendez showed the required "prejudicial error" under §1473.7 | People: Prejudicial error requires reasonable probability defendant would have rejected the plea if correctly advised; here Mendez did not plead guilty | Mendez: counsel’s failure to advise on immigration consequences when he rejected a plea deprived his ability to defend against immigration effects and entitles him to relief | Court: Because Mendez rejected the plea and was convicted after trial, he cannot show prejudice under §1473.7 (which focuses on withdrawal of pleas) |
| Whether the §1473.7 motion should be construed as a habeas petition | People: Conversion unnecessary; Mendez appears outside state custody and collateral estoppel applies | Mendez: Requested conversion to habeas to pursue relief while in immigration custody | Court: Denied conversion; trial court correctly refused to treat the motion as habeas for reasons stated (custody and preclusion) |
Key Cases Cited
- People v. Vivar, 11 Cal.5th 510 (Cal. 2021) (interprets §1473.7 prejudicial-error standard and appellate review scope)
- People v. Jung, 59 Cal.App.5th 842 (Cal. Ct. App. 2020) (discusses collateral estoppel and §1473.7 relief not necessarily barred by prior in-custody habeas denials)
- People v. Mejia, 36 Cal.App.5th 859 (Cal. Ct. App. 2019) (defines "prejudicial error" under §1473.7 as reasonable probability defendant would have rejected plea)
- Serrano v. Superior Court, 211 Cal.App.4th 496 (Cal. Ct. App. 2012) (procedural guidance when appointed appellate counsel finds no arguable issues)
- People v. Wende, 25 Cal.3d 436 (Cal. 1979) (requires independent appellate review when counsel finds no arguable issues on first appeal)
- Douglas v. California, 372 U.S. 353 (U.S. 1963) (constitutional right to counsel on first appeal of right)