People v. Sohal CA6

I. BACKGROUND

A. The Operative Complaint and Sohal’s Plea

In 1997, the Santa Clara County District Attorney charged Sohal and several codefendants by complaint with two counts of attempted murder (§§ 664, subd. (a), 187; counts 1 and 2), assault with a firearm (§ 245, subd. (a)(2); count 3), and assault with a

1 Undesignated statutory references are to the Penal Code. deadly weapon or assault likely to produce great bodily injury (§ 245, subd. (a)(1); count 4). As to count 1, it was alleged that the attempted murder was committed willfully, deliberately, and with premeditation. (§ 189, subd. (a).) Multiple other enhancements, including gang enhancements and firearms enhancements, were alleged as to all counts. In 2000, Sohal pleaded guilty to all counts and admitted multiple enhancements. During the change of plea hearing, the trial court advised Sohal as follows: “Do you understand if you are not a citizen of the United States this plea or these pleas today could have the result of your being deported from the United States. It could cause your re-entry to be refused and it could cancel any legalization or naturalization proceedings you have now or in the future.”…