People v. Soto CA3

BACKGROUND

During a traffic stop in September 2009, police searched defendant and found 29.9 grams of methamphetamine in his breast pocket. According to the officer who arrested him, defendant stated he was to receive $200 for delivering the drugs on behalf of another person. A probation report noted defendant had never attended school, was illiterate in English and spoke it poorly, and was subject to an immigration hold as a noncitizen. Defendant was charged with possession for sale of methamphetamine (Health & Saf. Code, § 11378), transportation of methamphetamine (Health & Saf. Code, § 11379, subd. (a)), and driving without a license (Veh. Code, § 12500, subd. (a)). Pursuant to plea negotiations, defendant initialed and signed a waiver of rights and plea form, in which he indicated his understanding that, as a noncitizen, his plea “may cause my deportation, exclusion from admission to the United States and denial of citizenship or naturalization pursuant to the laws of the United States.” He also initialed the following line on the form: “I read and understand the English language.” Defendant’s attorney signed an acknowledgement on the form stating, among other things, he had…