Cruz-Lopez
People v. Cruz-Lopez
Opinion
lead Opinion
Dondero, J.
INTRODUCTION
On March 30, 2017, appellant filed a motion to vacate revocation of probation pursuant to Penal Code 1 section 1473.7, subdivision (a)(1). In the motion, appellant raised the issue of ineffective assistance of counsel. He claims he was not properly advised by his trial counsel regarding the aggravated felony immigration consequences of his admission and sentence. Also, he argues his defense attorney was ignorant of the immigration consequences of his probation sentence, execution of sentence suspended (ESS); he should have requested a probation sentence, imposition of sentence suspended (ISS), as part of the deal. The trial court denied the motion on June 30, 2017. A timely appeal was filed on August 29, 2017. We affirm.
STATEMENT OF FACTS
Marin County Superior Court Case No. SC186143A (Aggravated Assault Felony Plea)
On September 15, 2013, E.R. was eating a meal in a restaurant in Novato. He was approached by appellant, who entered the restaurant and demanded E.R. follow him outside. E.R. knew appellant and reluctantly complied with the directive. When the two men were outside, appellant proceeded to hit E.R. in the head and then kicked him. He may have used a…