People v. Zamudio CA2/1

Filed 4/23/15 P. v. Zamudio CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B255386

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. A533614) v.

TONY ZAMUDIO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Steven D. Blades, Judge. Affirmed. Law Offices of Ruben Salazar and Ruben Salazar 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, Supervising Deputy Attorney General, and Tita Nguyen, Deputy Attorney General, for Plaintiff and Respondent. _________________________

Tony Zamudio appeals from the trial court’s order denying his motion to dismiss his 1985 conviction for drug offenses. We affirm. BACKGROUND On March 20, 1985, a felony complaint charged Zamudio with one count of sale of a controlled substance (cocaine) in violation of Health and Safety Code section 11352, one count of possession for sale in violation of Health and Safety Code section 11351, and one count of maintaining a place for sale in violation of Health and Safety Code section 11366. Zamudio pleaded guilty on March 20, 1985 to one count of sale, one count of possession for sale, and one count of maintaining a place for sale of a controlled substance (cocaine). The minute order states that Zamudio was “advised of possible effects of plea on any alien or citizenship status.” The trial court sentenced Zamudio to three years of formal probation and service of a 180-day jail term. There is no reporter’s transcript of the hearing at which he entered his plea or of the sentencing hearing. Zamudio applied for legal permanent residence status in 1995. The Immigration and Naturalization Service (INS) denied his application on June 9, 1999, as he was inadmissible as a result of his guilty plea in 1985. In 2000, Zamudio applied for employment authorization, and INS denied his application on December 15, 2000, based on the earlier denial of his application for legal permanent residency. Zamudio filed a motion to expunge his conviction under Penal Code section 1203.4,1 and on February 17, 2004, the trial court granted the motion and dismissed his convictions, noting “probation has already expired.” Zamudio’s guilty plea was withdrawn, and the case was dismissed. That action has no impact on the federal immigration consequences of his conviction. (People v. Martinez (2013) 57 Cal.4th 555, 560, citing Ramirez-Castro v. INS (9th Cir. 2002) 287 F.3d 1172, 1174 [in which the Ninth Circuit observed: “For immigration purposes, a person continues to stand convicted of an offense notwithstanding a later expungement under a state’s rehabilitative law.”].)