People v. Ruiz CA2/5

Filed 3/8/16 P. v. Ruiz CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B262737

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA106898) v.

DAVID RUIZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Steven P. Sanora, Judge. Affirmed. Law Office of Mark A. Davis and Mark A. Davis, 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 Analee J. Brodie, Deputy Attorney General, for Plaintiff and Respondent. ____________________________

Defendant and appellant David Ruiz entered a no contest plea to one count of possession for sale of a controlled substance in violation of Health and Safety Code section 11378. He appeals from the denial of his motion to vacate his guilty plea, arguing that trial counsel failed to perform his constitutional obligations by providing accurate advice on the immigration consequences of his plea. We affirm the trial court’s order.

FACTS AND PROCEDURAL BACKGROUND

Defendant was charged by information with two counts of possession for sale of a controlled substance in violation of Health and Safety Code section 11378. On October 14, 2014, he entered a no contest plea to one count of possession for sale. A written plea form was utilized. Item 12 on the plea form stated in pertinent part: “I understand that if I am not a citizen of the United States, I must expect my plea of guilty or no contest will result in my deportation, exclusion from admission or reentry to the United States, and denial of naturalization and amnesty.” Defendant initialed a box next to the statement. He also signed and initialed a paragraph stating, “I have read and initialed each of the paragraphs above and discussed them with my attorney” and “I understand each and every one of the rights outlined above and I hereby waive and give up each of them in order to enter my plea to the above charges.” His counsel also executed the plea form. At the plea proceeding, the trial court asked defendant whether he had placed his initials and signature on the plea form. Defendant answered, “Yes.” The court stated, “I need to inform everyone who pleads in this courtroom of the immigration consequences of entering a plea. [¶] Did you read page 3, item 12, the statement regarding immigration consequences; did you understand that statement and then place your initials in the box?” Defendant responded, “Yes.” The court added, “You understand, if you’re not a citizen of the United States, you will expect your plea of guilty or no contest will result in your deportation, exclusion from admission or reentry to the United States, and