People v. Hernandes CA2/5

Filed 5/22/15 P. v. Hernandes CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B257996

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA015764) v.

MAXIMILIANO QUINTEROS HERNANDES,

Defendant and Appellant.

APPEAL from an order of the Los Angeles Superior Court, Alan B. Honeycutt, Judge. Affirmed. Melanie K. Dorian, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

I. INTRODUCTION

Defendant, Maximiliano Quinteros Hernandes, is a Guatemalan native. He has been living and working in the United States since 1987. Defendant has a son who is a United States citizen. In 1993, defendant was charged with cocaine base possession for purposes of sale. (Former Health & Saf. Code, § 11351.5, Stats. 1987, ch. 1174, § 3.) Defendant evaded the charges until September 4, 2002, when he was arrested on a fugitive bench warrant. On October 11, 2002, defendant pled no contest to the charge. His potential maximum exposure was five years in state prison. (Former Health & Saf. Code, § 11351.5.) Under the plea agreement, he was placed on three years’ formal probation, which he successfully completed. Eleven years later, in 2013, defendant filed a motion to vacate the judgment and withdraw his plea. (Pen. Code, § 1016.5.1) He was facing deportation as a result of his cocaine base possession for sale conviction. The trial court denied the motion. Defendant appeals from that order. We affirm the order.