The People v. Quintal CA2/7

Filed 9/24/13 P. v. Quintal CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B246508

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA063643) v.

BLANCA YOLANDA QUINTAL,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Michael A. Cowell, Judge. Affirmed. Blanca Yolanda Quintal, in pro. per., and Randall Conner, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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In an information filed on February 27, 2001 Blanca Yolanda Quintal was charged with four counts of second degree robbery (Pen. Code, § 211) with special allegations she had personally used a firearm to commit the offenses (Pen. Code, § 12022.53, subd. (b)). On April 26 2001Quintal entered a negotiated plea of no contest, both orally and in writing, to one count of robbery with an admission she had personally used a firearm to commit the offense. In accordance with the plea agreement Quintal was sentenced to an aggregate state prison term of 12 years, consisting of the lower term of two years for robbery plus 10 years for the firearm-use enhancement. The remaining counts were dismissed. The record of the plea hearing established Quintal was advised of and waived her constitutional rights and was advised of and acknowledged orally and in writing she understood the consequences of her plea. Among the consequences Quintal initialed on the plea form, indicating she understood them and had discussed them with her attorney was “if I am not a citizen of the United States, the conviction for the offense charged will have the consequences of deportation, exclusion from admission or denial of naturalization.”1 Defense counsel stipulated to a factual basis for the plea. The trial court found Quintal had knowingly, voluntarily and intelligently waived her constitutional rights and entered her no contest plea and admission. On February 7, 2005 Quintal filed, in properia persona, a petition for writ of habeas corpus in which she claimed she was mentally incompetent at the time of her plea and her defense counsel had provided constitutionally ineffective assistance. The trial court considered and denied her petition on February 17, 2005. In March 2005 Quintal filed, in propria persona, a second petition for writ of habeas corpus alleging the same grounds. The trial court summarily denied the petition. On October 1, 2012 Quintal, represented by retained counsel, filed a motion to withdraw her no contest plea under Penal Code section 1018. The People opposed the