People v. Alisudjana CA6

Filed 5/26/16 P. v. Alisudjana CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H041645 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. CC303139)

v.

HARDJO ALISUDJANA,

Defendant and Appellant.

STATEMENT OF THE CASE On July 8, 2003, defendant pleaded no contest to grand theft of personal property (Pen. Code, §§ 484/487, subd. (a)), diversion of construction funds (Pen. Code, § 484b), and contracting without a license (Bus. & Prof. Code, § 7028, subd. (a)). Defendant admitted that the amount of the grand theft exceeded $100,000. (Pen. Code, § 1203.045.) On September 22, 2003, the trial court sentenced defendant to two years in prison. On July 14, 2014, defendant filed a Penal Code section 1016.51 motion to vacate the judgment. The motion alleged that defendant was not advised of the immigration consequences of his no contest plea. On September 11, 2014, the trial court issued a written order denying the motion.

1 Subsequent unspecified statutory references are to the Penal Code.

Defendant now appeals from the order denying his motion to vacate, arguing that the trial court abused its discretion in denying the motion. As set forth below, we will affirm. BACKGROUND The Plea Form and the Plea Hearing When defendant pleaded no contest on July 8, 2003, he submitted an advisement of rights, waiver, and plea form for felonies. Line number 13 on that form was titled “IMMIGRATION CONSEQUENCES.” The following statement was included in line number 13: “I understand that if I am not a citizen of the United States, my plea of guilty or no contest in this case may result in my deportation (removal), exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States.” There was a box reserved for defendant’s initials next to line number 13, but defendant did not initial the box. Instead, the words “U.S. citizen” were handwritten inside the box. The plea form contained many other advisements, and the boxes next to those advisements were marked with either defendant’s initials or the handwritten symbol “N/A.” At the end of the form, following a statement that his plea was “freely and voluntarily” given, defendant wrote his signature. Before the trial court accepted defendant’s no contest plea on July 8, 2003, the trial court and defendant engaged in the following colloquy: “THE COURT: I’ve been handed a waiver form. I think I spent awhile watching you fill it out. For the record, these are your initials and signature on the form? “THE DEFENDANT: Yes, sir. “THE COURT: Did you go over it carefully with your attorney? “THE DEFENDANT: Yes. “THE COURT: Do you have any questions you would like to ask me about what’s on the form?