People v. Hernandes CA2/5

I. INTRODUCTION

Defendant, Maximiliano Quinteros Hernandes, is a Guatemalan native. He has been living and working in the United States since 1987. Defendant has a son who is a United States citizen. In 1993, defendant was charged with cocaine base possession for purposes of sale. (Former Health & Saf. Code, § 11351.5, Stats. 1987, ch. 1174, § 3.) Defendant evaded the charges until September 4, 2002, when he was arrested on a fugitive bench warrant. On October 11, 2002, defendant pled no contest to the charge. His potential maximum exposure was five years in state prison. (Former Health & Saf. Code, § 11351.5.) Under the plea agreement, he was placed on three years’ formal probation, which he successfully completed. Eleven years later, in 2013, defendant filed a motion to vacate the judgment and withdraw his plea. (Pen. Code, § 1016.5.1) He was facing deportation as a result of his cocaine base possession for sale conviction. The trial court denied the motion. Defendant appeals from that order. We affirm the order.

II. DISCUSSION

We appointed counsel to represent defendant on appeal. After examining the record, appointed appellate counsel filed an “Opening Brief” in which no…