P. v. Dang
Filed 1/29/07 P. v. Dang CA6
NOT
TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for
publication or ordered published for purposes of rule 977.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
SIXTH
APPELLATE DISTRICT
THE PEOPLE,
Plaintiff and
v.
TAI ANH DANG,
Defendant and
| H029469
(Santa Clara County Super. Ct. No. 192883) |
Defendant Tai Anh Dang, a lawful permanent
resident of the United States, appeals from an August 24, 2005 order denying his motion to vacate his December 1996 plea of no contest to committing a lewd act upon a child under the age of 14
(Pen. Code, § 288, subd. (a)).[1]
Defendant contends, as he did below, that he received ineffective assistance of
counsel because his attorney misadvised him of the immigration consequences of
his plea and failed to attempt to obtain an alternative
plea agreement that would have avoided the actual consequences. Defendant
also contends that he may appeal from the denial of his post-judgment motion to vacate his plea which raised
his ineffective-assistance-of-counsel
claim. We disagree with this latter claim, and therefore dismiss the
appeal.
BACKGROUND
On February 23, 1996, a nine-year-old girl told San Jose police officers that defendant
approached her and her friend in the parking area of their apartment complex.
Defendant was carrying a clipboard and asked for help. He pointed to a piece
of paper he was holding, he did not appear to speak English very well, and he
appeared to be looking for an apartment in the complex. The victim and her
friend led defendant to another building in the complex. As they were walking
upstairs, defendant reached over and rubbed the victim's upper back. She
pulled away and told him to stop. However, he did it again. She again pulled
away and told him to stop. Defendant then rubbed the victim on her chest. The
victim said, â€
| Description | Defendant Tai Anh Dang, a lawful permanent resident of the United States, appeals from an August 24, 2005 order denying his motion to vacate his December 1996 plea of no contest to committing a lewd act upon a child under the age of 14 (Pen. Code, S 288, subd. (a)). Defendant contends, as he did below, that he received ineffective assistance of counsel because his attorney misadvised him of the immigration consequences of his plea and failed to attempt to obtain an alternative plea agreement that would have avoided the actual consequences. Defendant also contends that he may appeal from the denial of his post judgment motion to vacate his plea which raised his ineffective assistance of counsel claim. Court disagree with this latter claim, and therefore dismiss the appeal. |
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