People v. Cortez CA2/8

Filed 7/25/16 P. v. Cortez CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B266842

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA027180) v.

ESTELLA CORTEZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Lori Ann Fournier, Judge. Affirmed.

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, Assistant Attorney General, Steven D. Matthews and Analee J. Brodie, Deputy Attorneys General, for Plaintiff and Respondent.

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Estella Cortez appeals from the court’s order denying her motion to vacate her 1994 guilty plea. She contends that she received inadequate advisements about the immigration consequences of her guilty plea. We disagree and affirm. FACTS AND PROCEDURE An information filed in September 1994 charged appellant with one count of sale or transportation of marijuana (Health & Saf. Code, § 11360, subd. (a)) and one count of possession of marijuana for sale (Health & Saf. Code, § 11359). On an afternoon in August 1994, police officers observed appellant drive away from an apartment with her brother in the passenger seat. They returned approximately an hour and a half later. Appellant’s brother removed a large plastic trash bag from the trunk of the car and carried it inside. Officers executed a search warrant on the apartment and found a large quantity of marijuana inside two plastic trash bags and still more marijuana inside appellant’s bedroom. They also found scales and records reflecting “a pay/owe sheet.” Appellant pled guilty to one count of sale or transportation of marijuana. The minute order of her plea hearing indicates the court advised her of the consequences of her plea, including the following advisement: “If you are not a citizen, you are hereby advised that a conviction of the offense for which you have been charged may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States.” Appellant also signed a plea form that contained the same advisement in writing, and she initialed next to this advisement. On November 23, 1994, the court placed appellant on formal probation for three years on the condition that she serve 147 days in jail, and the court awarded her 147 days of custody credit. On December 31, 2013, 19 years later, appellant filed a motion to reopen the case and vacate her conviction. In pertinent part, she argued the court did not advise her that pleading guilty to the 1994 offense might result in deportation, exclusion from the country, or denial of naturalization. Appellant’s declaration in support of the motion