People v. Muniz CA2/8

FACTS AND PROCEDURAL HISTORY

In December 1988 Sergio Muniz entered an open plea of guilty to one count of transporting cocaine (Health & Saf. Code, § 11352, subd. (a)), along with a sentence enhancement allegation that the transaction involved more than 28.5 grams of the drug (Pen. Code, § 1203.073, subd. (b)(1)).1 Muniz was sentenced to 4 years in state prison with all but one year suspended, was awarded custody credits of 151 days, and was placed on 5 years probation. As part of his plea, Muniz signed and initialed a form stating that he understood his conviction carried certain immigration consequences if he were not an American citizen, including deportation, exclusion from admission to the United States, and denial of naturalization. Muniz was represented by counsel at the time. In February 2001 Muniz had another lawyer file a motion to vacate the 1988 judgment under section 1203.4, which gives the trial court discretion to do so in the interests of justice if the defendant successfully served probation. The motion stated that Muniz successfully completed probation, had no further convictions, and sought to vacate the judgment in order to facilitate his application for…