People v. Mejia CA5

Filed 8/1/16 P. v. Mejia CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F071978 Plaintiff and Respondent, (Tulare Super. Ct. No. VCF289597) v.

SEBASTIAN LEON MEJIA, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Darryl B. Ferguson, Judge. Zulu Ali, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Michael A. Canzoneri and Barton Bowers, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Gomes, Acting P.J., Franson, J. and Peña, J.

INTRODUCTION On October 29, 2013, defendant entered a plea of no contest to one count of cultivation of marijuana (Health & Saf. Code, § 11358) and one count of misdemeanor resisting, obstructing, or delaying a peace officer (Pen. Code, § 148, subd. (a)(1)).1 In January of 2014, defendant filed a motion to withdraw his plea, which was denied. Defendant was subsequently sentenced to one year in local custody and formal probation. Defendant then filed a motion to vacate his conviction, which was also denied. On appeal, defendant contends the trial court erred by denying his motion to vacate his conviction, as he was not properly advised by the court of the immigration consequences of his plea at the time it was entered. We affirm. FACTS On October 3, 2013, defendant fled from police who sought to serve him with a felony warrant, and dropped two eight-ounce bags of marijuana in the process. Police then discovered 64 marijuana plants at defendant’s residence, and subsequent questioning of defendant’s wife revealed that defendant grew marijuana behind the residence. Defendant turned himself in the following day, and was charged with one count of cultivation of marijuana, four counts of misdemeanor child cruelty, and one count of misdemeanor resisting, obstructing, or delaying a peace officer. On October 29, 2013, defendant entered pleas of no contest to the charges of cultivation of marijuana and misdemeanor resisting, obstructing, or delaying a peace officer. Prior to accepting the plea, the trial court advised defendant that, “[i]f you’re not a citizen of the United States, your plea of guilty or no contest will result in your being deported from the United States, denied readmission, naturalization, permanent residency [sic].” Defendant indicated he wished to go forward with the plea, and the plea was accepted.