People v. Pahva CA3

Filed 10/13/23 P. v. Pahva CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Yolo) ----

THE PEOPLE, C096928

Plaintiff and Respondent, (Super. Ct. No. CR-2000- 7133) v.

GERARDO PAHVA,

Defendant and Appellant.

Defendant Gerardo Pahva appeals the denial of his Penal Code section 1473.7 (statutory section citations that follow are found in the Penal Code unless otherwise stated) motion to vacate his 2000 conviction for transporting a controlled substance. Defendant contends: 1) trial counsel did not advise him he would be deported as a result of his plea and he did not meaningfully understand the immigration consequences of his plea; and 2) he would not have entered the plea if he had known he would be deported. We affirm the order.

1

FACTS AND HISTORY OF THE PROCEEDINGS In January 2000, when he was 23 years old, defendant and a friend were stopped for speeding while driving from Carson City, Nevada to Corning, California. During a search of the car, officers found a bag containing over 6,500 grams of methamphetamine. The friend told officers he and defendant had gone to Los Angeles to buy watches and stayed overnight at a motel. At the motel, they received a phone call from an unidentified man who asked them to take a bag “up north” and put it in a garbage can there. In exchange, they would receive $1,000, which would be in the garbage can upon their arrival. After they agreed, the unidentified man put the bag in the trunk of their car. Defendant was charged with transporting methamphetamine from one county to a noncontiguous county (Health & Saf. Code, § 11379, subd. (b)), and possession of methamphetamine for sale (Health & Saf. Code, § 11378), each with further drug quantity enhancement allegations (Health & Saf. Code, § 11370.4(b)(2)). On March 1, 2000, an additional charge was added, charging defendant with transporting methamphetamine. (Health & Saf. Code, § 11379, subd. (a).) That same day, defendant pleaded no contest to transporting a controlled substance (Health & Saf. Code, § 11379, subd. (a)) in exchange for a stipulated midterm sentence of three years in state prison and dismissal of the two remaining counts. In the plea form, defendant acknowledged, “I understand that if I am not a citizen, a plea of GUILTY or Nolo Contendere to an offense for which I have been charged may result in my deportation, exclusion from admission to the United States, or denial of naturalization, pursuant to the laws of the United States.” Trial counsel’s attached declaration also stated he explained the plea form to defendant and to the best of his knowledge and belief, defendant understood the advisements in the plea form. The trial court sentenced defendant to three years, in accordance with the plea agreement.