People v. Raica CA4/3

Filed 1/5/24 P. v. Raica CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G062003

v. (Super. Ct. No. 12NF3631)

FLORIN RAICA, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Michael J. Cassidy, Judge. Affirmed. Law Office of Ashkan Yekrangi and Ashkan Yekrangi for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, A. Natasha Cortina and Arlyn Escalante, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant Florin Raica filed a motion to vacate his conviction for drug charges (Pen. Code, § 1473.7) on the ground he did not meaningfully understand the 1 adverse immigration consequences of his guilty plea. The trial court denied the motion to vacate. We affirm. FACTS AND PROCEDURAL HISTORY In November 2012, Raica was charged in a felony complaint with possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a) [count 1]), possession of controlled substance paraphernalia (id., former § 11364.1, subd. (a) 2 [count 2]), and smuggling controlled substances into a correctional facility (§ 4573 [count 3]). In March 2013, Raica entered into a plea agreement, pleading guilty to counts 1 and 2 in exchange for dismissal of count 3 and a sentence of three years of supervised probation. His plea agreement reads: “I offer the following facts as the basis for my guilty plea: [¶] In Orange County, California, on 11/2/12 I knowingly possessed a useable quantity of methamphetamine and a pipe to smoke it.” In August 2013, Raica admitted committing domestic violence, which violated the terms of his probation on the drug offenses. The trial court revoked Raica’s probation and sentenced him to 16 months on count 1; the court stayed the sentence on count 2 pending successful completion of his sentence on count 1. In April 2022, Raica filed a motion to vacate his convictions on the drug offenses. (§ 1473.7.) After a nonevidentiary hearing, the trial court denied Raica’s motion to vacate. Raica timely appealed.