People v. Cruz CA1/4

I.

INTRODUCTION

Appellant Juan Emilio Chavez Cruz appeals the trial court’s denial of his motion to vacate his convictions because of the court’s failure to advise him of the immigration consequences of his guilty plea, as required by Penal Code section 1016.5 (Section 1016.5). He contends the trial court erred in deciding that too much time had elapsed since his original plea, and in finding that it was “implausible” he would not have entered into the same negotiated disposition had Section 1016.5 been complied with by the court that accepted his original plea. We disagree, and affirm.

II.

FACTUAL AND PROCEDURAL BACKGROUNDS

A one-count information was filed on May 7, 1991, by the Sonoma County District Attorney charging appellant with a single count of possession of cocaine for sale (Health & Saf. Code, § 11351). After appellant pleaded not guilty to the charge, the prosecution filed a motion to consolidate the case with three other related criminal cases

1 which had been filed against appellant and a codefendant. The unopposed motion was granted on July 26, 1991, and an amended information was then filed charging appellant with one count of possession of cocaine for sale,…