P. v. Fryhatt
In 2001, defendant pled guilty to manufacturing methamphetamin, possessing a controlled substance, maintaining a place where controlled substances are sold and admitted having suffered a prior conviction for which he served a prison term. As part of his plea bargain, defendant waived his right to appeal. In the change of plea form, his initials appear next to the following provision, which was amended by interlineation, "I understand that if I am not a citizen of the United States, deportation, exclusion from admission to the Unites States, or denial of naturalization will result from a conviction of the offense(s) to which I plead guilty . . . ."? The record before the court did not state what sentence, if any, defendant received for these crimes, although it appeared from the statements in his motion, discussed below, that he was sentenced to prison. In 2005, defendant personally submitted an unsworn "Motion for Writ of Error (Coram Nobis) and Motion to Vacate Conviction"? in which he asked the trial court to vacate his convictions and "withdraw [his] guilty plea[s]" on the grounds that his trial attorney and the trial court that accepted his pleas had not advised him of the immigration consequences of them. Defendant alleged that while released pending sentencing, he entered an agreement with the San Bernardino Police Department to act as an informant for the department, in exchange for which he would have "his plea reversed and . . . will get time served." He subsequently was found in possession of methamphetamine, the prosecution of which, defendant alleged, was dismissed, and defendant was sentenced to prison, presumably for the crimes to which he pled. The motion is not file stamped. Counsel has filed a brief setting forth a statement of the case, a summary of the facts, and potential arguable issues and requesting this court to undertake a review of the entire record. Judgment affirmed.
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