People v. Hernandez CA5
CourtCalifornia Court of Appeal
Date FiledOctober 26, 2026
DocketF076752C
StatusUnpublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
Filed 10/26/26 P. v. Hernandez CA5
Opinion on remand from Supreme Court
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions
not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion
has not been certified for publication or or dered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
THE PEOPLE,
F076752
Plaintiff and Respondent,
(Super. Ct. Nos. HC15330A,
v. BF150639A)
ANGELA HERNANDEZ,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of Kern County. Steven M.
Katz, Judge.
Law Office of Jacob M. Weisberg and Jacob M. Weisberg for Defendant and
Appellant.
Xavier Becerra and Rob Bonta, Attorneys General, Gerald A. Engler and Lance E.
Winters, Chief Assistant Attorneys General, Michael P. Farrell, Assistant Attorney
General, Julie A. Hokans and Jeffrey A. White, Deputy Attorneys General, for Plaintiff
and Respondent.
-ooOoo-
Angela Hernandez appealed from the denial of her motion under Penal Code1
section 1473.7 to vacate her convictions due to inadequate advice about immigration
consequences. In 2020, we affirmed the trial court’s order. Hernandez filed a petition for
review. The California Supreme Court granted the petition and remanded the case to us
with directions to vacate our decision and reconsider the cause in light of People v. Vivar
(2021) 11 Cal.5th 510. We did so and affirmed the order. Hernandez filed a second
petition for review. The high court granted the petition and remanded the case to us with
directions to vacate our decision and reconsider the cause in light of People v. Espinoza
(2023) 14 Cal.5th 311. We did so and again affirmed the order.2 Hernandez filed a third
petition for review. In an opinion issued August 13, 2026, the high court reversed our
judgment and directed us 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. (People v. Hernandez (2026) 20 Cal.5th 598,
608, 629.) We now do so.
1 Subsequent statutory citations refer to the Penal Code.
2 We also granted Hernandez’s requests for judicial notice of certain court
documents. In view of our disposition below, these requests have been rendered moot.
2.
DISPOSITION
The trial court’s order denying Angela Hernandez’s section 1473.7 motion is
reversed and the matter is remanded to the trial court to enter an order granting said
motion, vacate her convictions, and conduct further proceedings consistent with the
California Supreme Court’s decision in People v. Hernandez, supra, 20 Cal.5th 598.
DETJEN, J.
WE CONCUR:
LEVY, Acting P. J.
DE SANTOS, J.
3.