P. v. Quintero

Filed 1/31/07  P. v. Quintero CA1/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIRST APPELLATE DISTRICT

DIVISION THREE

            Raymundo Quintero appeals the denial of his petition for a writ of error coram nobis.  We find no abuse of discretion and affirm.

FACTUAL AND PROCEDURAL BACKGROUND

            Appellant alleges he is a citizen of Nicaragua who entered the United States without inspection in September 1985, when he was almost seven years old.  When his father became a United States citizen in 1996, appellant applied for adjustment of his status to that of a lawful permanent resident.

            In July 1998, appellant was charged with one count of sale or offer to sell heroin, and one count of possession of heroin for sale.  He was referred to drug court but declined to participate.  In March 1999, he pled guilty to possession of heroin for sale, and the remaining count was dismissed.  When it took the plea, the court advised appellant:  â€