People v. Rodriguez CA6

I. Background

Defendant was arrested on March 29, 1997 for felony possession of a controlled substance (cocaine) (Health & Saf. Code, § 11350), misdemeanor being under the influence of a controlled substance (Health & Saf. Code, § 11550, subd. (a)), and misdemeanor being a minor on premises where alcohol is sold (Bus. & Prof. Code, § 25665). On March 31, 1997, he was arraigned and charged by complaint with those three offenses. At the arraignment, defendant pleaded guilty to the felony count, and the two misdemeanor counts were dismissed under section 1385. Defendant orally stated on the record that he understood the “waiver of rights form” that he had signed that day. The “waiver of rights” form (waiver form) bore defendant’s initials next to each paragraph and his signature at the bottom. The space for the identification of the offense to which defendant was pleading had been left blank, but the waiver form stated that defendant understood that the maximum sentence for the offense was “3 years.” Defendant had initialed the paragraph that read: “I understand that if I am not a citizen of the United States a plea of ‘Guilty/No Contest’ could result in deportation, exclusion from…