People v. Canela CA2/1

BACKGROUND

Canela was charged in September 1991 with second degree robbery (§ 211) and possession of cocaine (Health & Saf. Code, § 11350, subd. (a)). According to the trial court’s docket, which Canela attached to his first section 1473.7 motion, the trial court dismissed the robbery count and held Canela to answer for possession of cocaine. Canela was placed into a deferred entry of judgment program and placed on informal probation. Canela violated the terms of his deferred entry of judgment program, and in 1992 pleaded guilty to possession of cocaine. At his arraignment in 1991, the trial court advised Canela: “If you are not a citizen, you are hereby advised that a conviction of the offense for which you have been charged may have the consequences of deportation, exclusion from admission to the

1Further statutory references are to the Penal Code unless otherwise specified.

2 United States, or denial of naturalization pursuant to the laws of the United States.” At the 1992 hearing where he pleaded guilty to possession of cocaine, the trial court told Canela: “If you’re not a citizen of the United States, pleading guilty to these two charges could very [sic] prevent you from…