People v. Cid CA2/5

Filed 8/28/24 P. v. Cid CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B333727

Plaintiff and Respondent, (Los Angeles County Super Ct. No. VA098946) v.

WALTER DEL CID,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Lisa S. Coen, Judge. Affirmed. Andy Miri for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General and Steven D. Matthews, Deputy Attorney General for Plaintiff and Respondent. __________________________

Walter Del Cid (defendant) appeals from the trial court’s order denying his motion to vacate his plea under Penal Code 1 section 1473.7. We affirm. FACTS AND PROCEDURAL BACKGROUND In March 2007, the People charged defendant with two counts of robbery (§ 211), and alleged that a principal was armed in connection with each (§ 12022, subd. (a)(1)). In August 2007, defendant pled no contest to one count of robbery with an armed principal, in exchange for a sentence of 365 days in jail and three years’ formal probation. In conjunction with his no-contest plea, defendant signed a written “advisement of rights, waiver, and plea form,” (advisement of rights) which was translated for him by a duly sworn Spanish-language interpreter. Defendant executed a statement that he had read and discussed the entirety of the advisement of rights with his attorney and that his initials beside particular paragraphs indicated he had “read, underst[oo]d, and agree[d] with” what was stated in those paragraphs. The advisement of rights included a paragraph stating: “Immigration Consequences - I understand that if I am not a citizen of the United States, I must expect my plea of guilty or no contest will result in my deportation, exclusion from admission, or reentry to the United States and denial of naturalization and amnesty.” Defendant affixed his initials beside that paragraph. At his plea hearing, defendant confirmed before the trial court that he had reviewed the advisement of rights with his attorney and a Spanish interpreter, that he had signed the advisement, and that he had personally written his initials in the