Opinion
E070077
08-14-2018
THE PEOPLE, Plaintiff and Respondent, v. FERNANDO LUNA, Defendant and Appellant.
Marta I. Stanton, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super.Ct.No. FVA027766) OPINION APPEAL from the Superior Court of San Bernardino County. Dwight W. Moore, Judge. Affirmed. Marta I. Stanton, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
Defendant and appellant Fernando Luna appeals from the court's order denying his motion to withdraw his plea and vacate his convictions under Penal Code section 1473.7. We affirm.
Defendant is referred to throughout the record as Fernando, but later in postjudgment proceedings he is referred to as Edward. Because the abstract of judgment refers to defendant as Fernando, so does this court.
Section references are to the Penal Code except where otherwise indicated. --------
STATEMENT OF PROCEDURE
On January 24, 2008, defendant pled guilty to forgery (§ 475, subd. (a)) in case No. FVA027766. On that same day, he pled guilty to forgery (§ 470, subd. (d)) in case No. FVA701806. Pursuant to the plea bargains, defendant received two terms of three years in prison, to run concurrently.
On November 16, 2015, the court granted defendant's motion to reduce his felony forgery conviction in case No. FVA027766 to a misdemeanor pursuant to section 1170.18.
On April 27, 2016, defendant filed a motion pursuant to section 1016.5 to vacate his convictions in both cases on the grounds that the court did not properly advise him of the immigration consequences of his guilty pleas. The court denied the motion on June 29, 2016.
On July 28, 2017, defendant filed a motion to withdraw his pleas and vacate the convictions in both cases pursuant to the recently enacted section 1473.7. Defendant contended he was not fully and adequately advised of the adverse immigration consequences of the pleas orally and on the record. The court denied defendant's motion on January 19, 2018, because defendant failed to persuade the court that he did not understand what he was doing when he entered the pleas in 2008.
This appeal followed.
DISCUSSION
After defendant appealed, upon his request, this court appointed counsel to represent him on appeal. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, setting forth a statement of the case, a summary of the facts and potential arguable issues, and requesting this court to conduct an independent review of the record.
We offered defendant an opportunity to file a personal supplemental brief, and he has not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the entire record for potential error and find no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
RAMIREZ
P. J. We concur: MILLER
J.
CODRINGTON
J.