P. v. Rosales

Filed 7/27/06 P. v. Rosales CA2/3

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

APPEAL from a ruling of the Superior Court of Los Angeles County,

David S. Wesley, Judge. Affirmed.

Mark A. Davis for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Lance E. Winters and Susan Sullivan Pithey, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant and appellant, Ines Rosales, appeals from an order denying her motion, under Penal Code section 1016.5,^[1] to vacate her 1986 conviction for selling a controlled substance (Health & Saf. Code, § 11351). Rosales claims her conviction was invalid under section 1016.5 because the trial court failed to advise her of the potential immigration consequences of pleading guilty.

The trial court's ruling is affirmed.

PROCEDURAL BACKGROUND

On November 7, 1986, pursuant to a negotiated plea agreement, Rosales pled guilty to one count of selling a controlled substance. On December 1, 1986, the trial court put Rosales on probation for three years on the condition she serve six months in county jail. Rosales did not appeal.

On March 24, 2005, Rosales filed a motion to vacate the judgment on the ground she had not been adequately advised of the potential immigration consequences before pleading guilty in 1986. The trial court denied the motion, finding that a minute order in the court record established Rosales had been adequately advised and that, in any case, she failed to establish there had been any resulting prejudice.

FACTUAL BACKGROUND

In a declaration submitted in support of the motion to vacate her 1986 guilty plea, Rosales states she is a citizen of Nicaragua who has been living in the United States for the last 24 years. She came to the United States in 1981 to be near her children after her ex-husband brought them here under false pretenses. She moved to Los Angeles to be close to them.

The police came to her apartment, asking if she knew Nelson Iglesias and if she had any drugs. Nelson was a friend she had not spoken to for several months. She told the officers she did not use drugs and invited them to search her apartment. Rosales's declaration states: â€