People v. Ordonez CA2/2

FACTS

In 1991, Ordonez was charged with second degree robbery. After the prosecutor amended the information to add a second count for attempted second degree robbery, Ordonez pleaded guilty to that count. The trial court sentenced him to 132 days in jail and three years probation. On February 4, 2013, Ordonez filed a motion to vacate his plea on the grounds that he was not given the mandatory advisement under section 1016.5, subdivision (a) that his plea might have adverse immigration consequences. He offered no evidence to support his claim that he was not advised by the trial court. Rather, he claimed that because he could not obtain a reporter’s transcript of the plea hearing, there was no evidence to the contrary. To prove the unavailability of a reporter’s transcript, he provided a letter from the superior court stating that the court reporter’s notes had been destroyed. In the alternative, Ordonez made a nonstatutory motion to vacate his plea based on ineffective assistance of counsel, citing Padilla v. Kentucky (2010) 559 U.S. 356 (Padilla). He claimed, at least impliedly, that his attorney failed to inform him that a conviction of a crime of moral turpitude within five…