In Re Demillo

Opinion

RICHARDSON, J.

On November 15, 1973, petitioner Albert B. Demillo entered a plea of guilty to an information charging him with a violation of Penal Code section 288. On December 6, 1973, judgment was entered; petitioner was sentenced to state prison but execution of that sentence was suspended and three years probation imposed on condition that he serve one year in county jail and seek psychiatric care under the direction of the probation department.

In two separate petitions, Demillo seeks habeas corpus relief from this judgment. In one of his petitions (Crim. 18396), he raised the following questions: (1) Is the possibility of deportation such a “direct consequence” of pleading guilty, that the trial court should be required to admonish a defendant of the possibility prior to acceptance of his guilty plea? (Cf.

Boykin

v.

Alabama

(1969) 395 U.S. 238, 242 [23 L.Ed.2d 274, 279, 89 S.Ct. 1709];

People

v.

Superior Court (Giron)

(1974) 11 Cal.3d 793, 797 [114 Cal.Rptr. 596, 523 P.2d 636];

In re Tahl

(1969) 1 Cal.3d 122, 132 [81 Cal.Rptr. 577, 460 P.2d 449].) (2) Did the trial court abuse its discretion in refusing to allow petitioner to withdraw his guilty plea upon a showing that he had not in fact been aware of the possibility of deportation? (See

People

v.

Superior Court (Giron), supra,

11 Cal.3d at p. 797, fn. 5.) (3) Was petitioner denied adequate assistance of counsel by reason of the failure of his court-appointed attorney to discover that petitioner is an alien and to inform him that a guilty plea would likely result in his being deported?

In his other petition (Crim. 18317), petitioner asserts that the conviction is invalid in that the acts upon which it is based occurred sometime prior to September 29, 1968, the information was not filed until October 29, 1973, and therefore the applicable statute of limitations