Rodriguez

People v. Rodriguez

Good Law
146 Cal. Rptr. 3d 104·2012 Cal. App. LEXIS 899·208 Cal. App. 4th 998·2012 WL 3573909
Court of Appeal of CaliforniaAugust 21, 2012No. B239342California578 words

Opinion

Lead Opinion

Turner, J.

Defendant, Jerson Otoniel Rodriguez, is a 34-year-old citizen of Guatemala who has lived in this country for more than 20 years. He pleaded nolo contendere to possession for sale of methamphetamine, a violation of Health and Safety Code section 11378. This is a deportable offense under federal law. ( 8 U.S.C. § 1227 (a)(2)(B)(i); Padilla v. Kentucky (2010) 559 U.S. 356 ,_, fn. 1 [ 176 L.Ed.2d 284 , 130 S.Ct. 1473, 1477, fn. 1 ].) Following the plea, the trial court suspended imposition of sentence and placed defendant on three years’ probation. Defendant purports to appeal from a postjudgment order denying his nonstatutory motion to vacate the judgment. Defendant argued his trial counsel was ineffective for misadvising him about the immigration consequences of his plea.

We appointed counsel to represent defendant on appeal. After examination of the record, counsel filed an opening brief in which no issues were raised. Instead, counsel requested we independently review the entire record on appeal pursuant to People v. Wende (1979) 25 Cal.3d 436, 441 [ 158 Cal.Rptr. 839 , 600 P.2d 1071 ]. (See Smith v. Robbins (2000) 528 U.S. 259, 271-284 [ 145 L.Ed.2d 756 , 120 S.Ct. 746…

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