People v. Mejia CA5

INTRODUCTION

On October 29, 2013, defendant entered a plea of no contest to one count of cultivation of marijuana (Health & Saf. Code, § 11358) and one count of misdemeanor resisting, obstructing, or delaying a peace officer (Pen. Code, § 148, subd. (a)(1)).1 In January of 2014, defendant filed a motion to withdraw his plea, which was denied. Defendant was subsequently sentenced to one year in local custody and formal probation. Defendant then filed a motion to vacate his conviction, which was also denied. On appeal, defendant contends the trial court erred by denying his motion to vacate his conviction, as he was not properly advised by the court of the immigration consequences of his plea at the time it was entered. We affirm.

FACTS

On October 3, 2013, defendant fled from police who sought to serve him with a felony warrant, and dropped two eight-ounce bags of marijuana in the process. Police then discovered 64 marijuana plants at defendant’s residence, and subsequent questioning of defendant’s wife revealed that defendant grew marijuana behind the residence. Defendant turned himself in the following day, and was charged with one count of cultivation of marijuana, four counts…