People v. Sandoval CA4/1

FACTS AND PROCEDURAL BACKGROUND

Given the Attorney General’s concession, the parties do not dispute the factual or procedural background. We will adopt the statement of facts and procedure set forth in the respondent’s brief. Appellant is a native and citizen of Mexico. On June 7, 1990, he “entered [the United States] as an Immigrant.” On May 19, 1994, the Imperial County District Attorney filed a felony complaint charging appellant with transportation/sale of a controlled substance (cocaine) (Health & Saf. Code, § 11352, subd. (a); count 1), possession for sale of a controlled substance (cocaine) (Health & Saf. Code, § 11351; count 2), and criminal conspiracy to commit a felony (Pen. Code, § 182; count 3). On September 1, 1994, appellant pled guilty to felony possession for sale of a controlled substance (count 2) and was sentenced to a suspended term of two years in state prison, five years formal probation, and 365 days in county jail. As a result of this conviction, on November 7, 1994, Immigration and Naturalization Service initiated deportation proceedings against appellant, charging him with deportability from the United States as an alien convicted

2 of a violation of…