People v. Garcia CA2/7

Filed 3/16/15 P. v. Garcia CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B256269

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA283364) v.

JULIO GARCIA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Richard S. Kemalyan, Judge. Affirmed. Eduardo Paredes for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Steven D. Matthews and Yun K. Lee, Deputy Attorneys General, for Plaintiff and Respondent.

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Julio Garcia appeals from the trial court’s order denying his motion to vacate a 2005 negotiated no contest plea to one count of robbery with a criminal street gang enhancement. (Pen. Code, § 1016.5.)1 We affirm.

FACTUAL AND PROCEDURAL BACKGROUND 1. The Information Garcia was charged with two counts of second degree robbery (§ 211) and two counts of dissuading a witness by force or threat (§ 136.1, subd. (c)(1)) in an information filed July 26, 2005. The information specially alleged the robbery offenses had been committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)). 2. The Plea Hearing On November 4, 2005 Garcia entered a negotiated plea of no contest to one count of robbery and admitted an amended five-year criminal street gang enhancement (§ 186.22, subd. (b)(1)(B)). Prior to accepting Garcia’s plea, the trial court recited its understanding of the plea agreement and then asked Garcia, “Is that your understanding?” Garcia answered, “Yes, Sir.” The court confirmed with Garcia, “Is that what you wish to do?” Garcia answered, “Yes.” The court then advised Garcia of the consequences of his plea, among them, “[I]f you’re not a citizen, a plea will result in the denial of citizenship, exclusion from the United States and deportation. . . . Any questions about any of that stuff?” Garcia answered, “No, Sir.” At the trial court’s request the prosecutor advised Garcia of his constitutional rights and the nature and consequences of his plea, including “As a result of your plea, if you’re are not a citizen of this country, you’re going to be deported. You’re going to be excluded from admission back into the country. You’re going to be denied naturalization and amnesty and denied reentry into the country. Do you understand all of that?” Garcia answered, “Yes, Sir.” Garcia then pleaded no contest to count 1 of the information, second degree robbery. His counsel joined in the waivers, concurred in the plea and stipulated to a