Perez
People v. Perez
Opinion
Opinion
Moore, J.
— Defendant Jorge Armando Juarez Perez pied guilty to possessing methamphetamine for sale and possessing a firearm within 1,000 feet of a school. The court placed him on probation and ordered him to spend 180 days in jail with credit for 157 days, including conduct credits. Defendant subsequently filed a timely motion to withdraw his guilty pleas. (Pen. Code, § 1018; all undesignated statutory references are to the Penal Code.) The court denied defendant’s motion without stating any reasons. Defendant contends the superior court abused its discretion. According to defendant, he knew when he entered his guilty plea'that he had an immigration hold on him, he was very concerned about his immigration status, he informed his attorney of his concern, and his attorney specifically told him he had a good opportunity to avoid deportation due to the limited amount of jail time imposed by the court. Defense counsel’s representation to defendant, if made, was wrong as a matter of law. (See 8 U.S.C. § 1227 [alien convicted of aggravated felony shall be removed from country]; U.S. v. Valdavinos-Torres (9th Cir. 2012) 704 F.3d 679, 687 [possession of methamphetamine for sale qualifies…