People v. Garcia CA2/6

Filed 6/29/23 P. v. Garcia CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B320969 (Super. Ct. No. MA079161) Plaintiff and Respondent, (Los Angeles County)

v.

CLAUDIO GARCIA,

Defendant and Appellant.

Claudio Garcia appeals a post-judgment order denying his motion to withdraw his nolo contendere plea. (Pen. Code, § 1018.)1 We conclude Garcia did not establish good cause to withdraw his plea and affirm. This appeal concerns Garcia’s nolo contendere plea to two counts of commission of a lewd act upon a child under 14 years of age. (§ 288, subd. (a).) The trial court suspended execution of sentence and placed Garcia on five years of formal probation. Approximately five months later, Garcia moved to withdraw his

1 All statutory references are to the Penal Code.

plea, asserting that he did not understand or was unaware of the immigration consequences of his plea. Following an evidentiary hearing, the trial court denied Garcia’s motion. FACTUAL AND PROCEDURAL HISTORY On September 1, 2019, the Los Angeles District Attorney filed a felony complaint against Garcia, alleging three counts of commission of a lewd act upon a child under 14 years of age. (§ 288, subd. (a).) The criminal offenses concerned the sexual touching of two girls (11 and 12 years old respectively) during sleepovers and a family birthday party at Garcia’s residence. Each criminal offense was punishable by three, six, or eight years’ imprisonment. On September 2, 2021, Garcia’s attorney, Robert Hankoff, informed Garcia that he had negotiated a plea agreement that did not involve any jail or prison confinement. That evening, Hankoff e-mailed Garcia the terms of the plea agreement. On September 3, 2021, Garcia completed a written plea form that included a section entitled “Immigration Consequences.” Garcia initialed the subsection stating: “I understand that if I am not a citizen of the United States, my plea of guilty or no contest may result in my deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States.” (See, § 1016.5, subd. (a).) On September 3, 2021, Garcia pled nolo contendere to two of the three felony counts. During the plea colloquy, the trial judge stated: “If you are not a citizen of the United States, your plea will result in your deportation, exclusion from admission to the United States and denial of naturalization.” (Italics added.) Following an explanation of the other consequences of his plea,