P. v. Alvarez-Quintero CA5

Filed 7/3/13 P. v. Alvarez-Quintero CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F065134 Plaintiff and Respondent, (Super. Ct. No. BF132212A) v.

ARMANDO ALVAREZ-QUINTERO, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Michael B. Lewis, Judge. Jennifer Hansen, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez, Deputy Attorney General, for Plaintiff and Respondent.

* Before Levy, Acting P.J., Poochigian, J. and Peña, J.

-ooOoo-

This is an appeal from an order denying a motion to vacate the judgment pursuant to Penal Code section 1016.5 (hereafter, section 1016.5). We conclude that principles of stare decisis favor adherence to the rule established by this court in People v. Ramirez (1999) 71 Cal.App.4th 519, 522, permitting the section 1016.5 advisement to be given in writing prior to acceptance of a guilty or no contest plea, and that defendant and appellant Armando Alvarez-Quintero has not presented sufficient reasons for changing that rule. Accordingly, we affirm the order on defendant’s section 1016.5 motion. FACTS AND PROCEDURAL HISTORY In 2011, defendant pled no contest to four felony counts and one misdemeanor count, as follows: transportation or sale of methamphetamine (count 1, Health & Saf. Code, § 11379, subd. (a)); possession of methamphetamine while in possession of a loaded firearm (count 2, id., § 11370.1, subd. (a)); possession of methamphetamine for sale (count 3, id., § 11378); possession of methamphetamine (count 4, id., § 11377, subd. (a)); carrying a loaded firearm in a public place (count 5, former Pen. Code § 12031, subd. (a)(1).) Pursuant to the plea bargain, the court on October 31, 2011, sentenced defendant to an operative sentence of probation with one year in county jail. Prior to the change of plea hearing, defendant met with his attorney and a Spanish language translator and reviewed a change of plea form advising defendant of his rights and providing certain other advisements. In particular, counsel and the translator reviewed with defendant, and defendant initialed, a provision in the change of plea form entitled “ALIEN STATUS,” which stated: “I understand that if I am not a Citizen of the United States, my guilty or no contest plea will result in my deportation, exclusion from admission to the United States, and denial of naturalization under the laws of the United States. Deportation is Mandatory for some offenses. I have fully discussed this matter with my attorney and understand the serious immigration consequences of