P.

FACTS

On October 5, 1995, Delgado pled guilty to grand theft. Prior to entering his plea Delgado filled out a change of plea form. On the form he initialed item 10 which provided, “I understand that if I am not a citizen of the United States a plea of Guilty or No Contest could result in deportation, exclusion from admission to this country, and/or denial of naturalization.” He also signed an acknowledgment on the form that, in pertinent part, stated he understood its contents. The form also was signed by an interpreter who asserted he or she had been duly sworn and had translated the change of plea form and “all the questions therein” to Spanish for Delgado, that Delgado indicated he understood the contents of the form, and that Delgado initialed and signed the form. Defense counsel signed an acknowledgement on the form that he personally “read and explained” each item on the form to Delgado. During the change of plea hearing the following colloquy occurred:

“THE COURT: Do you fully understand the form you filled out?

“DEFENDANT DELGADO: Yes.

All further statutory references are to the Penal Code.

2 “THE COURT: Any question about the rights you’re giving up in order…