People v. Goncharuk CA2/2

Filed 4/26/16 P. v. Goncharuk CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B264362

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA077713) v.

VYACHESLAV GONCHARUK,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Thomas R. Sokolov, Judge. Dismissed.

Myra Sun, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Steven D. Matthews and Wyatt E. Bloomfield, Deputy Attorneys General, for Plaintiff and Respondent.

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On January 12, 2010, while pleading nolo contendere to felony hit-and-run driving and to driving with a suspended license, Vyacheslav Goncharuk admitted to violating probation that had been granted following a conviction for an assault by means likely to inflict great bodily injury. Goncharuk filed a petition for a writ of error coram nobis on February 27, 2015, in which he sought to set aside his admission that he violated probation. The petition was summarily denied and Goncharuk appealed from that order. We agree with respondent that this appeal should be dismissed. PROCEDURAL HISTORY Case No. NA077713 On May 12, 2008, Goncharuk pleaded guilty to one count of assault by means likely to produce great bodily injury in violation of Penal Code section 245, subdivision (a)(1).1 During the plea, Goncharuk was advised, among other things, of the following: “If you are not a citizen, you are hereby advised that a conviction of the offense for which you have been charged will have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States.” Imposition of sentence was suspended and he was placed on three years’ probation. One of the conditions of probation was a term of 363 days in county jail.2 Case No. YA077019 On January 12, 2010, Goncharuk was arraigned for violations of Vehicle Code secton 20001, subdivision (a) (felony hit-and-run driving), and Vehicle Code section 14601.1, subdivision (a) (driving with a suspended license). On February 11, 2010, he pleaded nolo contendere to both counts. During the plea, the following transpired: “[Prosecutor]: If you are on probation or parole in any other case, and we know that you are, this plea will constitute a violation in those other cases. You understand that? [¶] [Appellant]: Yes. [¶] [Prosecutor]: If you