People v. Farias-Macias CA4/3

Filed 1/21/15 P. v. Farias-Macias CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G048681

v. (Super. Ct. No. 03CF3354)

CARLOS ANTONIO FARIAS-MACIAS, OPINION

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Gregg L. Prickett, Judge. Affirmed. Eduardo Paredes for Defendant and Appellant. Kamala D. Harris, Attorney General, Julie L. Garland, Assistant Attorney General, Charles C. Ragland and Amanda E. Casillas, Deputy Attorneys General, for Plaintiff and Respondent. * * *

Defendant Carlos Antonio Farias-Macias appeals from the trial court’s order denying his nonstatutory motion to vacate a 2003 guilty plea for failing to properly advise him of the immigration consequences of the plea. He argues his public defender’s special appearance at the plea hearing for a codefendant deprived him of counsel. Because he had neither the procedural ability to bring this motion at this late date nor the factual basis to support it even if he did, the court’s order denying the motion is affirmed. I FACTS In November 2003, defendant and a codefendant, Maximo Casarrubias Resendiz, were charged with two felonies and a misdemeanor that apparently arose from a vehicle stop. One of the felony counts charged defendant with possession for sale of a controlled substance (Health & Saf. Code, § 11378). Later that month, defendant and Resendiz both entered into plea agreements.1 Defendant was represented by the public defender, and Resendiz by a retained attorney. The plea form reflects that defendant pled guilty to the possession count and the remaining counts were dismissed. With respect to the factual basis for the plea, defendant wrote: “On 11-1-03 in O.C., I willfully and unlawfully possessed a usable quantity of methamphetamine for purposes of sale.” Defendant initialed the plea form next to the following statement: “I understand that if I am not a citizen of the United States the conviction for the offense charged will have the consequence of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States.” Under penalty of perjury, defendant signed a statement that he was pleading guilty