People v. Adiova CA4/1

Filed 2/2/22 P. v. Adiova CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D079112

Plaintiff and Respondent, (Super. Ct. No. SCN374491)

v.

ESTELITO ADIOVA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Amalia L. Meza, Judge. Affirmed. Patrick Dudley, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. Estelito Adiova appeals a postjudgment order denying his motion to vacate his 2017 guilty plea to a felony offense. Adiova’s motion to vacate was

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based on Penal Code1 sections 1016.5 and 1473.7 and a claim of ineffective assistance of counsel. He also has filed with this court a separate petition for writ of habeas corpus, which petition again alleges ineffective assistance of counsel. (See, In re Adiova, D079804.) We have considered his petition concurrently with his appeal and issued a separate opinion denying it. FACTUAL AND PROCEDURAL BACKGROUND On August 16, 2017, in return for a stipulated 32-month prison term, Adiova pled guilty to one count of possession for sale of a controlled substance (Health & Saf. Code, § 11378) and admitted the truth of allegations under sections 667, subdivision (b) through (i), 1170.12, and 668. His three-page change of plea form included, among other things, paragraph 7d on page two, which paragraph Adiova initialed, stating: “I understand that if I am not a U.S. citizen, this plea of Guilty/No Contest may result in my removal/deportation, exclusion from admission to the U.S. and denial of naturalization. Additionally, if this plea is to an ‘Aggravated Felony’ listed on the back of this form, then I will be deported, excluded from admission to the U.S., and denied naturalization.” On the reverse side of that page, the offense of possession for sale of any controlled substance was listed as an “aggravated felony.” In addition, Matthew Wechter, Adiova’s defense counsel, signed a statement on the change of plea form, representing that he had “personally read and explained to [Adiova] the entire contents of this plea form” and, in particular, that he had “discussed . . . the consequences of this plea, including any immigration consequences.”