Opinion
B232490
01-30-2012
THE PEOPLE, Plaintiff and Respondent, v. NAHIN SANCHEZ AGUILAR, Defendant and Appellant.
Jonathan P. Milberg, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Los Angeles County Super. Ct. No. KA082792)
APPEAL from an order of the Superior Court of Los Angeles County. Thomas C. Falls, Judge. Affirmed.
Jonathan P. Milberg, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Nahin Sanchez Aguilar appeals from an order denying his motion to vacate a judgment of conviction, which he made on grounds that his attorney rendered ineffective assistance in failing to advise him of the immigration consequences of his no contest plea.
A May 12, 2008 information charged Aguilar with corporal injury to the mother of his child (Pen. Code, § 273.5, subd. (a)), and also alleged that he personally inflicted great bodily injury on the victim (§ 12022.7, subd. (e)). The information also alleged that Aguilar had two prior felony convictions within the meaning of section 1203, subdivision (e)(4), making him ineligible for probation absent unusual circumstances.
Further statutory references are to the Penal Code.
On June 12, 2008, Aguilar pleaded no contest to the corporal injury charge, and the trial court dismissed the great bodily injury enhancement allegation on the People's motion. The court sentenced him to three years in prison pursuant to the plea agreement. At the time of this conviction, Aguilar was on probation in the two prior felony cases referenced above. For violating his probation, the court sentenced him to a term to run concurrently with the three-year sentence on the corporal injury conviction.
In connection with his no contest plea in this case, Aguilar initialed and signed a "Felony Advisement of Rights, Waiver, and Plea Form" on June 12, 2008. Aguilar initialed the box next to paragraph 12, which states: "Immigration Consequences - I understand that if I am not a citizen of the United States, I must expect my plea of guilty or no contest will result in my deportation, exclusion from admission or reentry to the United States, and denial of naturalization and amnesty." He also initialed the box next to paragraph 14, which states: "Prior to entering this plea, I have had a full opportunity to discuss with my attorney the facts of my case, the elements of the charged offense(s) and enhancement(s), any defenses that I may have, my constitutional rights and waiver of those rights, and the consequences of my plea." Aguilar signed the form, acknowledging that he had initialed and understood each of the above paragraphs. Aguilar's attorney also signed the form, stating, among other things, that he had reviewed the form with Aguilar, answered Aguilar's questions and explained to Aguilar the consequences of the plea.
At the plea hearing on June 12, 2008, the prosecutor informed Aguilar on the record: "If you are not a citizen of the United States, your plea here today will result in deportation, exclusion from admission, denial of naturalization, and denial of amnesty pursuant to the laws of the United States." Aguilar stated on the record that he understood this consequence of his plea and also understood that he was pleading no contest to a felony. Aguilar confirmed on the record that he had reviewed the "Felony Advisement of Rights, Waiver, and Plea Form" with his attorney and had initialed and signed it.
On March 29, 2011, Aguilar filed a motion to vacate the judgment of conviction in this case for corporal injury. Aguilar argued that his trial attorney rendered ineffective assistance in failing to advise him that his no contest plea to the corporal injury charge "would render [him] an aggravated felon, resulting in an automatic deportation and lifelong ban on his admissibility to the United States." He asserted that he would have gone to trial on the charge if he had known of this consequence. Aguilar submitted a declaration in support of his motion, but his trial attorney did not.
At the hearing on this motion, Aguilar's attorney explained that she was representing Aguilar in "a federal illegal re-entry case." Aguilar was in federal custody at the time.
On April 20, 2011, the trial court heard oral argument on Aguilar's motion to vacate the judgment of conviction and denied the motion.
Aguilar appealed. We appointed counsel to represent him on appeal. After examination of the record, counsel filed an opening brief raising no issues and asking this court to review the record independently pursuant to People v. Wende (1979) 25 Cal.3d 436. On October 6, 2011, we advised Aguilar that he personally had 30 days to submit any contentions or issues he wished us to consider. We also directed his appointed counsel to send the record and opening brief to Aguilar immediately. To date, we have received no response.
We have examined the record and are satisfied that Aguilar's counsel has complied with his responsibilities and that no arguable issues exist. (People v. Kelly (2006) 40 Cal.4th 106, 109-110; People v. Wende, supra, 25 Cal.3d at p. 441.)
DISPOSITION
The order denying the motion to vacate the judgment of conviction is affirmed.
NOT TO BE PUBLISHED.
CHANEY, J. We concur:
ROTHSCHILD, Acting P. J.
JOHNSON, J.