People v. Rocha CA4/3

Filed 4/29/15 P. v. Rocha 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G050491

v. (Super. Ct. No. 13CF2924)

JOSE VARGAS ROCHA, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Richard J. Oberholzer, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed. Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. * * *

We appointed counsel to represent defendant on appeal. Counsel filed a brief which set forth the facts of the case. Counsel did not argue against the client, but advised the court no issues were found to argue on defendant’s behalf. Defendant was given 30 days to file written argument in defendant’s own behalf. That period has passed, and we have received no communication from defendant. On September 16, 2013, a felony complaint was filed, charging defendant Jose Vargas Rocha with domestic battery with corporal injury. On October 4, 2013, defendant pled guilty to the charge. The factual statement written on his signed guilty plea form states: “In Orange County, California, on 9/12/13 I willfully & unlawfully hit the mother of my children . . . over the head with a thermos causing a traumatic condition, a laceration to the top of her head.” Defendant initialed various provisions on the guilty plea form he signed. One of those initialed provisions states: “Immigration consequences: I understand if I am not a citizen of the United States, my 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.” One of the pages of the guilty plea form has a provision, both initialed and signed by defendant, which states he discussed each item on the form with his attorney. The defense attorney signed a paragraph which states: “I have discussed the possible sentence ranges and immigration consequences with defendant.” When the court spoke with defendant at the time of his guilty plea, defendant was assisted by a Spanish-speaking interpreter. The court stated to defendant: “If you are not a citizen of the United States, the consequence of this conviction will be deportation, exclusion from admission to the United States or denial of naturalization pursuant to the laws of the United States.” Defendant told the court he understood the immigration consequences of his guilty plea.