People v. Toledo CA2/8

Filed 8/6/24 P. v. Toledo CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B328177

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA058177) v.

ROBERTO JOSE TOLEDO,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, John A. Torribio, Judge. Affirmed. Sabrina R. Damast, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Steven D. Matthews, Supervising Deputy Attorney General, and Chung L. Mar, Deputy Attorney General, for Plaintiff and Respondent. ____________________

Roberto Jose Toledo pleaded guilty to a drug offense in 2000. More than twenty years later, he moved to withdraw his plea, arguing he would not have made it had he meaningfully understood its adverse immigration consequences. The trial court denied Toledo’s motion. We affirm because Toledo failed to demonstrate prejudice. Undesignated statutory citations are to the Penal Code. I In February 2000, an informant set up a drug deal in an undercover operation. Detectives watched Toledo and others take part in the deal, arrested them, and found a “large quantity” of cocaine at the scene. Toledo has not disputed these facts. A March 2000 information charged Toledo and three co- defendants with two counts: possessing a controlled substance (cocaine) in violation of Health and Safety Code section 11350, subdivision (a), and selling/transporting/offering to sell a controlled substance in violation of Health and Safety Code section 11352, subdivision (a). The information alleged Toledo had a prior felony conviction from October 1999 for violating section 245, subdivision (c) (assaulting a peace officer with a deadly weapon). In April 2000, Toledo pleaded guilty to the first count. The second count was dismissed as part of the plea agreement. Toledo’s plea form shows the maximum punishment for the first count, plus the strike enhancement, was six years. The form shows Toledo agreed to a term of 32 months in state prison, which was the low term of 16 months doubled due to the strike. Toledo initialed a box on the form saying: “I understand that if I am not a citizen of the United States, the conviction for the offense charged may have the consequences of deportation,