P.

P. v. Sicarios CA4/3

Good Law
Court of Appeal of CaliforniaApril 16, 2013G046587California1,974 words

Opinion

Opinion

FACTS

A native and citizen of Mexico, defendant entered the Unites States in 1980. In 1990, he pleaded guilty to possessing cocaine for sale on a preprinted Tahl form. (In re Tahl (1969) 1 Cal.3d 122.) He initialed the box that states, “I understand that if I am not a citizen of the United States the conviction for the offense charged may have the consequence of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States.” He also initialed the box that states, “I have personally initialed each of the above boxes and discussed them with my attorney,” as well as the box signed by his trial counsel stating he “explained each of the above rights to the defendant” and “stipulate[s] this document may be received by the court as evidence of defendant‟s intelligent waiver of these rights and that it shall be filed by the clerk as a permanent record of that waiver. . . .” The Tahl form and minute order indicate an interpreter, Alba Jones, was present and “sworn to interpret. in Spanish.” The court‟s minute order also indicates defendant was advised of the “conseq[.] of plea if not a citizen.” In exchange for the plea,…

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