P.

FACTS AND PROCEDURE

On August 22, 2011, defendant pled guilty to one count of assault with a deadly

weapon other than a firearm (carjack) and by means of force likely to produce great

bodily injury (Pen. Code, § 245, subd. (a)(1)).1 In exchange, the People dropped

accompanying charges of assault with a deadly weapon other than a firearm (knife) and

by means of force likely to produce great bodily injury (§ 245, subd. (a)(1)) and

misdemeanor battery on a spouse (§ 243, subd. (e)(1)). The trial court sentenced

defendant to probation on the condition he serve 270 days in county jail, with a total of

193 days of presentence custody and behavior credits.

When defendant was release from jail on October 17, 2011, he was placed in

custody by the Immigration and Customs Enforcement agency, which began removal

proceedings.

On April 19, 2012, defendant filed a motion to set aside the judgment and

withdraw his guilty plea based on his counsel’s failure to advise him of the immigration

consequences of his guilty plea. The court heard this motion on May 3, 2012 and denied

it based on the plea agreement form and on the lack of specific facts in the motion. This

appeal…