People v. Armenta CA2/1

BACKGROUND

1. Charges and nolo contendere plea Defendant was charged with attempted murder, assault with a deadly weapon (a knife), and misdemeanor inducing false testimony. On June 20, 2007, he entered into a negotiated plea agreement pursuant to which he pleaded nolo contendere to assault with a deadly weapon in exchange for five years of formal probation on terms including service of 365 days in jail. The court and counsel calculated defendant would have nearly 365 days of presentence credits at the time of the probation and sentencing hearing scheduled for July 5, 2007. Before he entered his plea, defendant completed a “Felony Advisement of Rights, Waiver, and Plea Form” with the assistance of a Spanish-language interpreter, who signed the form’s certification that she translated the form to defendant in Spanish and “The defendant stated that he or she understood the contents on the form, and then initialed and signed the form.” Defendant signed the form and initialed section 12 of the form, which stated, “I understand that if I am not a citizen of the United States, I must expect my plea of guilty or no contest will result in my deportation, exclusion from admission or…