P. v. Garcia CA2/1
In 2006, Defendant and Appellant Pompeyo Garcia (Garcia) pleaded guilty to unlawful possession of money over $100,000. (Health & Saf. Code, § 11370.6, subd. (a).) Pursuant to the plea, the trial court imposed the maximum sentence of four years imprisonment, but suspended execution of the sentence and placed Garcia on five years of formal probation with the first 364 days to be spent in county jail. Garcia successfully completed probation and obtained dismissal of his conviction pursuant to Penal Code section 1203.4 in 2011. Shortly thereafter, Garcia received notice that deportation proceedings had been initiated against him. Garcia was ordered removed from the United States to Guatemala on November 27, 2015.
On November 13, 2017, Garcia filed a motion pursuant to Penal Code section 1473.7, alleging he “was not fully advised and thus did not knowingly waive the adverse immigration consequences of his plea.” The court denied the motion on November 16, 2017.
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