People v. Garcia CA4/1

Filed 10/20/14 P. v. Garcia CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D065394

Plaintiff and Respondent,

v. (Super. Ct. No. CR132848)

JOSE LUIS GARCIA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, David M.

Szumowski, Judge. Affirmed.

Leonard J. Klaif, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance by Plaintiff and Respondent.

On July 17, 1992, Jose Luis Garcia entered a guilty plea to possession of

marijuana for sale (Health & Saf. Code, § 11359). He served 90 days in jail as a

condition of probation.

At the time of his plea, Garcia was assisted by his bilingual attorney and a certified

court reporter. The change of plea form included a paragraph advising him that if he was

not a citizen he could be subject to deportation, exclusion from the country or denial of

naturalization. Garcia initialed that paragraph.

In 1999, Garcia was notified by federal authorities of initiation of