In People v. Vasilyan (2009) 174 Cal.App.4th 443, the appellate court held the defendant was entitled to vacate his nolo contendere plea 13 years after the fact because the only "offense" to which he pled--the hate crime punishment enhancement under section 422.7--was not a substantive crime under the Penal Code, but merely a penalty provision. (Vasilyan, supra, 174 Cal.App.4th at pp. 448-451.)