People v. Bedier CA2/5

Filed 4/11/14 P. v. Bedier CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B251884

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA292964) v.

HAIFA BEDIER et al.,

Defendants and Appellants.

APPEAL from an order of the Superior Court of Los Angeles County, Monica Bachner, Judge. Affirmed. Goldberg & Associates and Julie A. Goldberg, for Defendants and Appellants. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Steven D. Matthews and David E. Madeo, Deputy Attorneys General, for Plaintiff and Respondent.

I. INTRODUCTION

Defendants, Mohamad Bedier and Haifa Bedier, appeal from an August 20, 2013 order denying their coram nobis petitions. In addition, they challenge the denial of their motions to vacate their guilty pleas. (Pen. Code,1 § 1016.5. ) Defendants challenge convictions entered in 2006, which now serve as a basis for deportation. We affirm the trial court’s order.

II. PROCEDURAL HISTORY

Defendants are Lebanese citizens who were legal residents of the United States. On November 11, 2005, defendants were charged with welfare fraud (Welf. & Inst. Code, § 10980, subd. (c)(2)) and perjury (§ 118, subd. (a)). On August 14, 2006, defendants, represented by counsel, entered into a negotiated plea. Defendants each pled guilty to one count of welfare fraud. They were placed on three years’ formal probation. Defendants were ordered to complete 300 hours of community service and to pay $21,000 in restitution. On March 8, 2008, the charges were reduced to misdemeanors, probation was terminated and the charges were dismissed. (§ 1203.4.) More than three years later, on November 24, 2011, defendants were detained by the United States Department of Homeland Security as they attempted to reenter the United States. Four months later, and nearly six years after pleading guilty, on March 26, 2012, defendants filed their coram nobis petitions or motions to vacate their pleas. On May 18, 2012, the trial court denied those motions. On May 2, 2013, we affirmed the trial court’s denial orders. (People v. Bedier (May 2, 2013, B241606) [nonpub. opn.].) On June 7, 2013, defendants jointly filed the present coram nobis petitions or motions to vacate their guilty pleas. On August 20, 2013, the trial court denied the petitions and motions. Defendants filed a notice of appeal and obtained a probable cause