People v. Gonzalez CA2/1

Filed 5/21/14 P. v. Gonzalez CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B248464

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA068258) v.

OSCAR CHAVEZ GONZALEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Gilbert Rudy Ruiz, Judge. Affirmed. Eduardo Paredes for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Margaret E. Maxwell, Supervising Deputy Attorney General, and Tasha G. Timbadia, Deputy Attorney General, for Plaintiff and Respondent. _________________________________

Defendant Oscar Chavez Gonzalez appeals from an order denying his motion to vacate his 2004 conviction on the ground he was not advised of the immigration consequences of his no contest plea. We affirm because the record reflects the trial court advised him of the potential immigration consequences of his plea, and defendant has failed to make a prima facie showing of ineffective assistance of counsel. BACKGROUND 1. Defendant’s convictions In October of 2004, defendant was charged with possession of methamphetamine; possession of a smoking device; misdemeanor resisting, obstructing, or delaying a peace officer; and destroying evidence. The latter two counts were dismissed pursuant to Penal Code section 1385. On October 26, 2004, defendant pleaded no contest to possession of methamphetamine and a smoking device. He initialed and signed a written Advisement of Rights, Waiver, and Plea form that included the following language: “I understand that if I am not a citizen, my guilty or no contest plea will result in my deportation (removal), exclusion from admission to the United States, or denial of naturalization.” Although the court reporter had no notes and could not prepare a transcript of the plea and sentencing hearing, the trial court’s minute order reflects defendant was advised of his rights and the consequences of his potential plea, including the following: “If you are not a citizen, you are hereby advised that a conviction of the offense for which you have been charged will have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States.” The minute order further reflects defense counsel joined in the waivers and concurred in the no contest pleas. Imposition of sentence was suspended and defendant was placed on probation. Defendant was thereafter found in violation of his probation conditions three times, and on the third occasion, in 2010, the court revoked his probation and sentenced him to two