Borja

This is an appeal from an order of the superior court denying appellant’s motion to set aside his pleas of guilty to violations of Penal Code sections 187 (murder) and 245, subdivision (b) (assault with a deadly weapon on a peace officer). Actually, the motion was labeled “Application to Withdraw and Re-enter Guilty Plea” and was made pursuant to Penal Code section 1016.5, subdivision (c). This seemingly novel motion had as its reason the federal law relating to deportation of persons convicted of crimes.

The record reveals that appellant, a citizen of the Philippines, who was in this country on a visitor’s visa, pled guilty to the above stated crimes on June 26, 1972. Probation was, of course, denied and he was sentenced to state prison for an appropriate period. Although the record is silent on this point, we presume that neither at the time of sentence nor within 30 days thereafter was a motion made to the sentencing court to recommend against deportation. After serving his sentence, appellant was duly paroled. His conduct and attitude during prison and on parole were exemplary. (See the opinion of this court so finding in People v. Borja (1980) 110 Cal.App.3d 378 […