People v. Navarro-Gutierrez CA3

FACTS AND HISTORY OF THE PROCEEDINGS

2011 Conviction

In January 2011, the People charged defendant with four counts of selling or transporting methamphetamine (Health & Saf. Code, § 11379, subd. (a) [counts 1-4]) and

1 one count of possessing methamphetamine for the purpose of sale (Health & Saf. Code, § 11378, subd. (a) [count 5]). Related to counts 4 and 5, the People alleged the methamphetamine in each charge exceeded four kilograms by weight or 100 liters by liquid volume. (Health & Saf. Code, § 11370.4, subd. (b)(2)). In May 2011, defendant pleaded no contest to counts 1-4 and admitted the methamphetamine in count four exceeded four kilograms by weight or 100 liters by liquid volume. In exchange for his plea, the People moved to dismiss count 5 and strike the remaining enhancement; the trial court granted the People’s motion. The parties agreed defendant would be sentenced to 11 years in state prison. There is no reporter’s transcript of the plea; however, in his written plea agreement, among other things, defendant acknowledged the immigration consequences of his plea: “I understand that if I am not a citizen of the United States, I will be deported from the country,…