California Case Summaries

People v. Hernandez — Court of Appeal reverses denial of section 1473.7 motion and orders convictions vacated on California Supreme Court remand

Unreported / Non-Citable

Case
People v. Hernandez
Court
5th District Court of Appeal
Judge
Detjen; Levy; De Santos
Date decided
2026-10-26
Docket No.
F076752C
Topics
Penal Code section 1473.7, immigration consequences, ineffective assistance of counsel, motion to vacate conviction, California Supreme Court remand, People v. Hernandez

Disposition notice

On October 26, 2026, the Fifth District Court of Appeal reversed the Kern County Superior Court's order denying Angela Hernandez's Penal Code section 1473.7 motion and remanded with directions to grant the motion, vacate her convictions, and conduct further proceedings consistent with People v. Hernandez (2026) 20 Cal.5th 598. The opinion states that the Supreme Court's August 13, 2026 decision reversed the Court of Appeal's judgment and directed the Court of Appeal to remand the matter to the trial court to enter an order granting Hernandez's section 1473.7 motion, vacate her convictions, and conduct further proceedings consistent with the opinion. The court also granted Hernandez's requests for judicial notice of certain court documents and stated that those requests were rendered moot in view of the disposition. Justice Detjen authored the opinion, with Acting Presiding Justice Levy and Justice De Santos concurring.

Read the public order

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