People v. Cortez CA2/8

FACTS AND PROCEDURE

An information filed in September 1994 charged appellant with one count of sale or transportation of marijuana (Health & Saf. Code, § 11360, subd. (a)) and one count of possession of marijuana for sale (Health & Saf. Code, § 11359). On an afternoon in August 1994, police officers observed appellant drive away from an apartment with her brother in the passenger seat. They returned approximately an hour and a half later. Appellant’s brother removed a large plastic trash bag from the trunk of the car and carried it inside. Officers executed a search warrant on the apartment and found a large quantity of marijuana inside two plastic trash bags and still more marijuana inside appellant’s bedroom. They also found scales and records reflecting “a pay/owe sheet.” Appellant pled guilty to one count of sale or transportation of marijuana. The minute order of her plea hearing indicates the court advised her of the consequences of her plea, including the following advisement: “If you are not a citizen, you are hereby advised that a conviction of the offense for which you have been charged may have the consequences of deportation, exclusion from admission to the United…