Valenciano

People v. Valenciano

Good Law
165 Cal. App. 3d 604·1985 Cal. App. LEXIS 1749·211 Cal. Rptr. 651
Court of Appeal of CaliforniaMarch 13, 1985B006627California492 words

Opinion

Opinion

Beach, J.

Luis Valenciano appeals from an order denying a motion made after final judgment. He contends: “The superior court erred in finding that the required warnings of possible consequences of appellant’s guilty plea were sufficient under section 1016.5 of the Penal Code.”

On May 10, 1983, appellant entered a plea of guilty to possession of cocaine for sale (Health & Saf. Code, § 11351). Through an interpreter, appellant was advised of and personally waived his rights to jury trial, confrontation and cross-examination, and of his privilege against self-incrimination. Additionally, appellant was admonished: “Ms. Wurthman [Deputy District Attorney]: If you are an alien, this plea could cause you to be excluded from the United States—residency—denied naturalization, or denied the right to re-enter the United States. [1] Do you understand that? The Defendant: Yes.” Appellant was subsequently sentenced to state prison for a term of two years and that term of imprisonment has been completed.

On June 4, 1984, apparently in the face of deportation proceedings, appellant petitioned the trial court which accepted the original plea for a writ of error coram nobis, asserting lack of…

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