People v. Farias-Macias CA4/3

FACTS

In November 2003, defendant and a codefendant, Maximo Casarrubias Resendiz, were charged with two felonies and a misdemeanor that apparently arose from a vehicle stop. One of the felony counts charged defendant with possession for sale of a controlled substance (Health & Saf. Code, § 11378). Later that month, defendant and Resendiz both entered into plea agreements.1 Defendant was represented by the public defender, and Resendiz by a retained attorney. The plea form reflects that defendant pled guilty to the possession count and the remaining counts were dismissed. With respect to the factual basis for the plea, defendant wrote: “On 11-1-03 in O.C., I willfully and unlawfully possessed a usable quantity of methamphetamine for purposes of sale.” Defendant initialed the plea form next to the following statement: “I understand that if I am not a citizen of the United States the conviction for the offense charged will have the consequence of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States.” Under penalty of perjury, defendant signed a statement that he was pleading guilty

1 The record in this…