What is the standard of review in an appeal from a denial of a section 1473.7 motion to vacate a conviction?

The parties debate at length the applicable standard of review in an appeal from the denial of a section 1473.7 motion to vacate a conviction. We agree abuse of discretion is the appropriate standard where the section 1473.7 motion to vacate is made based on statutory error or a deprivation of statutory rights. (See People v. Fairbank (1997) 16 Cal.4th 1223, 1254 [decision to deny a motion to withdraw a guilty plea rests in the sound discretion of the court].) However, where, as here, the section 1473.7

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