People v. Gonzalez CA2/1

BACKGROUND

1. Defendant’s convictions In October of 2004, defendant was charged with possession of methamphetamine; possession of a smoking device; misdemeanor resisting, obstructing, or delaying a peace officer; and destroying evidence. The latter two counts were dismissed pursuant to Penal Code section 1385. On October 26, 2004, defendant pleaded no contest to possession of methamphetamine and a smoking device. He initialed and signed a written Advisement of Rights, Waiver, and Plea form that included the following language: “I understand that if I am not a citizen, my guilty or no contest plea will result in my deportation (removal), exclusion from admission to the United States, or denial of naturalization.” Although the court reporter had no notes and could not prepare a transcript of the plea and sentencing hearing, the trial court’s minute order reflects defendant was advised of his rights and the consequences of his potential plea, including the following: “If you are not a citizen, you are hereby advised that a conviction of the offense for which you have been charged will have the consequences of deportation, exclusion from admission to the United States, or denial…