People v. Salas CA4/2

STATEMENT OF THE CASE

On December 7, 2011, an information charged defendant with using a false

document under Penal Code1 section 114 (count 1), and indecently exposing himself

under section 314, subdivision (1) (counts 2 & A3).

On March 9, 2012, pursuant to the terms of a plea agreement, the People added

count 4—that defendant falsely impersonated another under section 529. Thereafter,

defendant pled no contest to counts 2, 3, and 4, and the court dismissed count 1. The

court then imposed a low term of 16 months, with 288 days of custody credits plus 288

days of conduct credits. The sentence was “deemed served in full” and defendant was

released from custody.

In the plea agreement, defendant initialed term number 14, which stated: “I

understand that if I am not a citizen of the United States, deportation, exclusion from

admission to the United States, or denial of naturalization will result from a conviction of

the offense(s) to which I plead guilty/no contest.”

All statutory references are to the Penal Code unless otherwise specified

2 More than seven years later, on August 29, 2019, defendant filed a motion to

vacate his convictions under sections 1016.5 and…