People v. Samayoa CA2/5

INTRODUCTION

Defendant and appellant Fidel Samayoa appeals from the denial of his Penal Code section 1016.5 (section 1016.5) motion to vacate his 1982 conviction for selling marijuana in violation of Health and Safety Code section 11360. He contends that prior to pleading guilty to that offense, the prosecutor did not properly advise him of the immigration consequences of his plea. We affirm.

BACKGROUND1

On January 29, 1982, defendant and appellant Fidel Samayoa pleaded guilty to selling marijuana. In advising defendant of the consequences of his guilty plea, the prosecutor stated: “I have to advise you as I have to advise any other defendant who is pleading guilty, that if you are not a citizen of the United States, pleading guilty to this offense could result in your deportation or denial of reentry privileges and denial of citizenship and the denial of work privileges. [¶] Do you understand that those are possibilities if you are not a citizen of the United States, and if you plead guilty to this offense?” Defendant responded, “Yes.” On January 28, 2003, defendant moved, pursuant to Penal Code section 1203.4,2 to vacate the guilty verdict and dismiss the information…