People v. Hernandez CA2/8

Filed 10/8/13 P. v. Hernandez CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B244561

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA 025484) v.

JOSE DANIEL HERNANDEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Barbara R. Johnson, Judge. Dismissed.

Cabrera & Hart, Michael S. Cabrera and Kristen M. Hart for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Steven D. Matthews, Roberta L. Davis and William Shin, Deputy Attorneys General, for Plaintiff and Respondent.

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Appellant Jose Daniel Hernandez appeals the trial court‟s denial of a motion to vacate a 22-year-old conviction for one count of possession of a controlled substance (cocaine) for sale (Health & Saf. Code, § 11351), which followed his guilty plea. He argues he was not adequately advised of the immigration consequences of his plea as required by Penal Code section 1016.5.1 Because a certificate of probable cause is required to appeal the denial of a motion to vacate based on section 1016.5 (People v. Placencia (2011) 194 Cal.App.4th 489 (Placencia)), and because the trial court denied appellant‟s request for a certificate, we dismiss the appeal.2 FACTUAL AND PROCEDURAL HISTORY3 On October 16, 1990, appellant was charged with one count of felony possession or purchase for sale of a controlled substance (cocaine) (Health & Saf. Code, § 11351). On November 13, 1990, appellant pled guilty and was sentenced to 180 days in county jail and three years‟ probation. He was subsequently found in violation of his probation on July 14, 1994, for possessing a controlled substance for sale and was sentenced to two years in state prison. On August 21, 2012, appellant filed a petition for writ of coram nobis4 and motion to vacate his guilty plea pursuant to section 1016.5. In support of the motion, appellant filed a declaration explaining: “I, Jose Hernandez, write this letter because I was arrested about 15