People v. Guzman CA2/1

Filed 6/29/16 P. v. Guzman CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B265709

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. LA077563) v.

JOSE ORELLANA GUZMAN,

Defendant and Appellant.

APPEAL from a purported order of the Superior Court of Los Angeles County, Karen Joy Nudell, Judge. Appeal dismissed. Law Office of Zulu Ali and 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, Stephanie A. Miyoshi and William N. Frank, Deputy Attorneys General, for Plaintiff and Respondent. ——————————

Jose Orellana Guzman (Guzman) purports to appeal from an order denying a motion to withdraw a plea. Guzman contends that the trial court failed to advise him properly of the immigration consequences of his plea pursuant to Penal Code section 1016.5, subdivision (a).1 However, the record shows that the trial court never ruled on his motion to withdraw his plea. Because there is no order for this court to review, the required statutory prerequisite for appellate review is absent. We therefore dismiss the appeal without prejudice. BACKGROUND On April 23, 2014, the People filed a felony complaint charging Guzman with two counts stemming from an incident on or about March 14, 2014 involving Guzman and his cohabitant Elizabeth G. Count 1 alleged Guzman willfully inflicted corporal injury upon Elizabeth G., a felony in violation of section 273.5, subdivision (a); count 2 alleged Guzman willfully threatened to commit a crime which would result in death and great bodily injury to Elizabeth G., a felony in violation of section 422, subdivision (a). On May 15, 2014, Guzman waived formal arraignment and pleaded not guilty to counts 1 and 2. On July 16, 2014, the People filed an amended felony complaint adding count 3 which alleged assault by means likely to produce great bodily injury, a felony in violation of section 245, subdivision (a)(4). On the same day, the People arraigned Guzman on count 3; he pleaded not guilty to that count. Also on July 16, 2014, Guzman signed a standard felony advisement of rights, waivers, and plea form; the form declared that Guzman intended to plead guilty or no contest to count 1. On July 30, 2014, at a court hearing, Guzman waived his right to a jury trial, withdrew his plea of not guilty to count 1, and pleaded nolo contendere to count 1.