People v. Garcia

Filed 6/15/22 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B310824 (Super. Ct. No. 2012023734) Plaintiff and Respondent, (Ventura County)

v.

DIEGO DENOVA GARCIA,

Defendant and Appellant.

“I’m screwed.” “I can’t see my life in Mexico.” These were appellant’s contemporaneous statements to himself on the day he pled guilty to “sale/transportation/offer to sell” oxycodone in 2012. Both his attorney and the trial court advised him at that time that he would be deported based upon his negotiated plea. Seven years later, his contemporaneous remarks to himself and the two warnings sprang to life as he found himself the subject of deportation proceedings. Appellant did not want to live in Mexico in 2012. He does not want to live in Mexico now. We do not fault appellant for wanting to stay in the United States. But, as we explain, we do fault him for appealing the trial court’s order denying his motion to vacate the plea on the asserted ground that

he did not meaningfully understand the immigration consequences of his plea. (Pen. Code, § 1473.7.)1 He knew exactly what he was doing in 2012. The trial court factually so found based upon live-witness testimony. This is a poor platform upon which to predicate an appeal. We will affirm. FACTS AND PROCEDURAL HISTORY In 2012, appellant was charged with felony counts of sale/transportation/offer to sell a controlled substance (count 1) and possession for sale of a controlled substance (count 2). (Health & Saf. Code, §§ 11352, subd. (a), 11351.) He pled guilty to count 1, offer to sell oxycodone in exchange for 36 months formal probation with the service of 180 days in county jail. Count 2 was dismissed pursuant to the plea agreement. Felony Disposition Statement and Plea Proceedings At the time of his plea, appellant signed a document entitled, “Felony Disposition Statement,” which provides in part: “My attorney has explained to me the direct and indirect consequences of this plea, including the maximum possible sentence. I understand the following consequences could result from my plea: [¶] . . . [¶] If I am not a citizen, I could be deported, excluded from the United States or denied naturalization. (Pen. Code, § 1016.5.) If I am not a citizen and am pleading guilty to an aggravated felony, conspiracy, a controlled substance offense, a firearm offense, . . . or a domestic violence offense, I will be deported, excluded from the United States, and denied naturalization. (8 U.S.C. §§ 1101(a)(43), 1182, 1227.)” Appellant initialed each section and signed the document acknowledging that he discussed with his attorney and