People v. Badillo CA2/2

BACKGROUND

On September 10, 1999, defendant was charged by felony information in count 1 with the sale, transport or offer to sell cocaine, in violation of former Health and Safety Code section 11352, subdivision (a), and in count 2 with possession of cocaine for sale in violation of former Health and Safety Code section 11351. Under a plea agreement, defendant pled no contest to count 2 in return for the dismissal of count 1. Defendant was placed on formal probation for three years on terms and conditions that included 30 days in county jail. On August 9, 2012, defendant filed a motion to vacate judgment pursuant to Penal Code section 1016.5, alleging that neither his attorney, the prosecutor, nor the trial judge warned him of the immigration consequences of his plea.1 Two weeks later, defendant filed an “Amendment to Motion to Vacate Judgment” in which defendant alleged that it was his attorney who had failed to advise him of possible defenses and represented there would be no immigration consequences. After two stipulated continuances, the matter was called for hearing on October 18, 2012, and then taken off calendar. On December 13, 2012, defendant filed a petition for writ…