People v. Martinez CA5

FACTS

On February 25, 2008, defendant pleaded guilty to counts 1 and 3 in exchange for dismissal of the other charges. The plea occurred two weeks after the filing of the complaint. Defendant’s attorney was present, as was a Spanish interpreter. The court

1 Defendant suggests that, if charged today, count 1 would have been charged as a misdemeanor. (See People v. Martinez (2018) 4 Cal.5th 647.) 2 All further undesignated statutory references are to the Penal Code unless otherwise stated.

2. asked defense counsel if he explained to defendant “the consequences of a guilty plea” and counsel responded affirmatively. The court also advised defendant as follows:

“THE COURT: If you are an alien, a conviction would result in your exclusion from the admission to the United States, your deportation or denial of naturalization; do you understand those consequences?

“THE DEFENDANT: Yes.

“THE COURT: Are you a citizen of the United States?

“THE DEFENDANT: No.

“THE COURT: Even if you’re in this country legally under a work permit or Visa or some other basis, you would still be subject to deportation as a convicted felon; do you understand that?

“THE DEFENDANT: Yes.” Defendant received a…