People v. Aguilar CA2/5

Filed 11/10/15 P. v. Aguilar 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B263041

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA132463) v.

JORGE ELIZ AGUILAR,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Marcelita V. Haynes, Judge. Affirmed. Law Office of Zulu Ali, Zulu Ali 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 Rama R. Maline, Deputy Attorney General, for Plaintiff and Respondent.

Defendant Jorge Eliz Aguilar (defendant) pled nolo contendere to felony battery and possession of a controlled substance charges. He subsequently filed a motion pursuant to Penal Code, section 1016.51 to vacate his plea on the ground that the trial court inadequately advised him of the immigration consequences of his plea. The trial court denied defendant’s motion, and we consider whether the advisement defendant received when entering his guilty plea was sufficient.

BACKGROUND A two-count information filed October 30, 2013, charged defendant with battery (count 1, §§ 242/243, subd. (c)) and possession of a controlled substance (count 2, Health & Safe. Code, § 11377, subd. (a)). Defendant pled no contest to both counts of the information at a hearing on November 13, 2013. His maximum sentencing exposure on the charges was three years and eight months in prison. Defendant and the People, however, agreed to a plea agreement whereby defendant would serve 90 days in county jail plus three years’ probation. The trial court, through the Deputy District Attorney, advised defendant of the constitutional rights he was waiving by pleading guilty. In addition, and most important for our purposes, defendant was advised that his guilty plea would result in adverse immigration consequences if he was not a United States citizen: [DEPUTY DISTRICT ATTORNEY]: If you’re not a citizen of the United States, your conviction in this case will result in your deportation, exclusion from admission to the United States, and denial of naturalization.