People v. Tzun CA4/2

INTRODUCTION

On December 3, 2008, a complaint charged defendant and appellant Juan Zacarias

Tzun and two co-defendants with robbery under Penal Code1 section 211. On March 26,

2009, the People moved to amend the complaint to add count 2, grand theft person, under

section 487, subdivision (c); the court granted the motion.

On the same day, defendant signed a written plea agreement and pled guilty to

count 2 for grand theft person. The remaining robbery count was dismissed at the request

of the People. Pursuant to the terms of the plea agreement, the trial court withheld

imposition of sentence and granted defendant three years of formal probation with 120

days in the Sheriff’s work program.

Almost five years later, on October 1, 2013, an ex-parte hearing was held on

defendant’s motion to set aside judgment, to withdraw plea, and to vacate the case.

Defendant’s motion raised a section 1016.5 claim that the trial court failed to properly

advise him of the immigration consequences of his plea; and a non-statutory claim that

his counsel rendered ineffective assistance of counsel because she failed to inform him of

the immigration consequences of his guilty plea,…