Barraza

With the support of the district attorney who successfully prosecuted him, appellant Jose Barraza moves for “stipulated reversal” of his misdemeanor conviction. We shall deny the motion.

After an eight-day trial in the San Francisco Superior Court, appellant was acquitted of attempted murder, attempted voluntary manslaughter and assault with a deadly weapon, but was convicted of the misdemeanor offense of carrying a loaded firearm in public. (Pen. Code, § 12031, subd. (a).) A timely notice of appeal was filed. Briefing in this court has not commenced. Appellant has at the present time served his 60-day jail sentence and is on probation.

The motion papers represent that appellant is a Mexican citizen who has been a lawful resident of the United States for 16 years and has suffered no prior criminal convictions. Because the offense of which he was convicted involves a firearm, federal law assertedly compels immigration authorities to revoke appellant’s permanent resident status, deport him and permanently exclude him from returning to the United States. (See 8 U.S.C. § 1251 (a)(2)(C).) Appellant’s counsel declares that “Mr. Barraza’s innocent family will either itself be…