The People v. de Lama CA4/2

FACTS AND PROCEDURAL HISTORY

On January 26, 2011, defendant appeared in the trial court for alleged violations of

probation in one case, and for arraignment on a new felony complaint in a second case;

the new complaint in the second case is the case underlying the instant appeal. The new

2 felony complaint alleged that defendant had committed a violation of Health and Safety

Code section 11375, subdivision (b)(1), possessing a controlled substance for sale.

The trial court took defendant’s guilty plea on the instant felony complaint.

During the taking of the plea, the court expressly reminded defendant that, if he was not a

citizen of the United States, the plea could result in deportation, denial of reentry, or

denial of naturalization. Defendant had also initialed a provision on his change-of-plea

form which provided the same advisement of immigration consequences of the plea.

Defendant admitted as a factual basis that he had possessed a controlled substance

for sale, and that he knew the substance was the prescription drug alprazolam. Defendant

further admitted that the new guilty plea constituted a violation of his probation in one

felony case and a violation of…