People v. Salazar CA2/5

BACKGROUND

Salazar was held to answer following a preliminary hearing held on May 11, 1999. Salazar was assisted by a Spanish language interpreter at the preliminary hearing. Salazar entered his guilty pleas on June 21, 1999, without the services of an interpreter. The agreed upon sentence was imposed on July 20, 1999. A minute order dated December 10, 2001, indicates that Salazar appeared in court on that date, assisted by a Spanish language interpreter and represented by counsel. The trial court terminated probation and dismissed the case pursuant to section 1203.4.

All statutory references are to the Penal Code, unless otherwise indicated.

2 On February 26, 2008, Salazar filed his first motion to vacate his plea due to immigration consequences.2 The 2006 motion states that Salazar “now faces deportation and exclusion proceedings and is not eligible to adjust his resident status.” This motion was made on the ground that none of the attorneys, the trial court, or Salazar, were aware his plea would result in deportation. The 2006 motion makes no mention of Salazar’s need for an interpreter at the time of his plea. The superior court file does not contain a minute order…