People v. Benitez CA4/1

Filed 6/5/15 P. v. Benitez CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D067395

Plaintiff and Respondent,

v. (Super. Ct. No. SCN060376)

LUZ ELVA BENITEZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, K. Michael

Kirkman, Judge. Affirmed.

Ava R. Stralla, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

Luz Elva Benitez appeals from the trial court's denial of her motion to vacate her

1997 guilty plea on the basis she was not aware of the immigration consequences of her

guilty plea. The record demonstrates Benitez was fully informed that a consequence of

her guilty plea could include her removal from the country. Thus, we will affirm the trial

court's decision.

In September 1997, Benitez entered a guilty plea to possession of a controlled

substance for sale (Health & Saf. Code, § 11378) and admitted a prior conviction for the

same type of offense. As part of the change of plea process, Benitez completed a change