Olvera

People v. Olvera

Caution
235 Cal. Rptr. 3d 200·24 Cal. App. 5th 1112
Court of Appeal of CaliforniaJune 28, 20182d Crim. No. B281767California2,019 words

Opinion

lead Opinion

Tangeman, J.

*1114 Efrain Olvera appeals an order denying his motion to vacate judgment and withdraw his 2005 plea of no contest to one count of conspiracy to transport cocaine for sale. ( Pen. Code, 1 § 182, subd. (a)(1); Health & Saf. Code, § 11352, subd. (b).) He contends his trial counsel rendered ineffective assistance in 2005 when he did *202 not advise him of the immigration consequences of his plea or attempt to negotiate an immigration-neutral disposition. Olvera's motion was timely under a new statute that allows him to move to vacate a plea that has unexpected immigration consequences as a result of ineffective assistance if the motion is brought with "due diligence" after deportation proceedings commence. (§ 1473.7.) But Olvera does not demonstrate that his counsel's performance was deficient. ( Strickland v. Washington (1984) 466 U.S. 668 , 688, 104 S.Ct. 2052 , 80 L.Ed.2d 674 ( Strickland ).) We therefore affirm.

FACTUAL AND PROCEDURAL HISTORY

Olvera immigrated from Mexico in 1995. He is a permanent legal resident. He moved to Oxnard in 1998, married in 2001, and bought a business and a home. He and his wife have a daughter who is a citizen of the United States.

In 2005,…

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