P.

P. v. Alvarez-Quintero CA5

Good Law
Court of Appeal of CaliforniaJuly 3, 2013F065134California1,140 words

Opinion

Opinion

FACTS AND PROCEDURAL HISTORY

In 2011, defendant pled no contest to four felony counts and one misdemeanor count, as follows: transportation or sale of methamphetamine (count 1, Health & Saf. Code, § 11379, subd. (a)); possession of methamphetamine while in possession of a loaded firearm (count 2, id., § 11370.1, subd. (a)); possession of methamphetamine for sale (count 3, id., § 11378); possession of methamphetamine (count 4, id., § 11377, subd. (a)); carrying a loaded firearm in a public place (count 5, former Pen. Code § 12031, subd. (a)(1).) Pursuant to the plea bargain, the court on October 31, 2011, sentenced defendant to an operative sentence of probation with one year in county jail. Prior to the change of plea hearing, defendant met with his attorney and a Spanish language translator and reviewed a change of plea form advising defendant of his rights and providing certain other advisements. In particular, counsel and the translator reviewed with defendant, and defendant initialed, a provision in the change of plea form entitled “ALIEN STATUS,” which stated: “I understand that if I am not a Citizen of the United States, my guilty or no contest plea will result in my…

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