People v. Cid CA2/5

FACTS AND PROCEDURAL BACKGROUND

In March 2007, the People charged defendant with two counts of robbery (§ 211), and alleged that a principal was armed in connection with each (§ 12022, subd. (a)(1)). In August 2007, defendant pled no contest to one count of robbery with an armed principal, in exchange for a sentence of 365 days in jail and three years’ formal probation. In conjunction with his no-contest plea, defendant signed a written “advisement of rights, waiver, and plea form,” (advisement of rights) which was translated for him by a duly sworn Spanish-language interpreter. Defendant executed a statement that he had read and discussed the entirety of the advisement of rights with his attorney and that his initials beside particular paragraphs indicated he had “read, underst[oo]d, and agree[d] with” what was stated in those paragraphs. The advisement of rights included a paragraph stating: “Immigration Consequences - I understand that if I am not a citizen of the United States, I must expect my plea of guilty or no contest will result in my deportation, exclusion from admission, or reentry to the United States and denial of naturalization and amnesty.” Defendant affixed his…