Garcia

FACTS AND PROCEDURAL HISTORY

In 2012, appellant was charged with felony counts of sale/transportation/offer to sell a controlled substance (count 1) and possession for sale of a controlled substance (count 2). (Health & Saf. Code, §§ 11352, subd. (a), 11351.) He pled guilty to count 1, offer to sell oxycodone in exchange for 36 months formal probation with the service of 180 days in county jail. Count 2 was dismissed pursuant to the plea agreement. Felony Disposition Statement and Plea Proceedings At the time of his plea, appellant signed a document entitled, “Felony Disposition Statement,” which provides in part: “My attorney has explained to me the direct and indirect consequences of this plea, including the maximum possible sentence. I understand the following consequences could result from my plea: [¶] . . . [¶] If I am not a citizen, I could be deported, excluded from the United States or denied naturalization. (Pen. Code, § 1016.5.) If I am not a citizen and am pleading guilty to an aggravated felony, conspiracy, a controlled substance offense, a firearm offense, . . . or a domestic violence offense, I will be deported, excluded from the United States, and denied…