Gutierrez

Defendant Hector Cortez Gutierrez (appellant) appeals from the denial of his motion to set aside his guilty plea to a charge of attempted carjacking. He contends that the trial judge did not adequately explain to him the immigration consequences of his plea as required by Penal Code section 1016.5, and, therefore, the plea must be set aside under that statute. We conclude that the trial court complied with the legislative mandate when the plea was entered and properly denied appellant’s subsequent motion to vacate. Accordingly, we affirm.

Procedural History

As the case comes to us following a plea, the underlying facts are of little moment. Suffice it to say that appellant and a confederate were charged with two counts of attempted carjacking in violation of sections 664 and 215, subdivision (a). On March 24, 2000, both defendants entered pleas of guilty to one count and were sentenced to 18 months in state prison. The maximum sentence for attempted carjacking is four years six months. The remaining count was dismissed.

In conjunction with entering his plea, appellant was advised of his constitutional rights and the nature and consequences of his plea both orally and…