People v. Ronduen CA2/7


Filed 11/16/21 P. v. Ronduen CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN THE PEOPLE, B310292 Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA094330) v. LIGAYA RONDUEN, Defendant and Appellant. APPEAL from an order of the Superior Court of Los Angeles County, Suzette Clover, Judge. Affirmed. Sabrina R. Damast, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Steven D. Matthews, Supervising Deputy Attorney General, Kathy S. Pomerantz, Deputy Attorney General, for Plaintiff and Respondent. _________________ Ligaya Ronduen appeals from the trial court’s order denying her motion under Penal Code 1 section 1473.7 to vacate her 2015 conviction of one count of lewd act upon a child. Ronduen, who faces mandatory deportation to the Philippines, contends she did not meaningfully understand the immigration consequences of her no contest plea because her attorney did not fully advise her of the immigration consequences, including mandatory detention and permanent exclusion from the United States, and her attorney’s advisement was ambiguous. We affirm. FACTUAL AND PROCEDURAL BACKGROUND A. Ronduen’s Plea and Conviction of Lewd Act upon a Minor Ronduen was born in the Philippines, emigrated to the United States in 1996, and was granted lawful permanent resident status in 1998. Ronduen has two children who are United States citizens. On August 21, 2014 Ronduen was charged with three counts of committing a lewd act upon a child under the age of 14 years (§ 288, subd. (a)) and one count of oral copulation with a child under the age of 14 years (§ 288a, subd. (c)(1)). According to the probation officer’s report, Ronduen became involved in an online relationship with a purported couple, Brad and Amy, and Ronduen performed sex acts with her then-eight-year-old son on a webcam for the couple. Ronduen later learned the purported couple was actually Hank Andrusick, who she claimed manipulated and tried to blackmail her. In 2011 Ronduen told 1 All undesignated statutory references are to the Penal Code. 2 FBI investigators that she and her son had appeared naked on a webcam on seven occasions, during which they engaged in mutual genital touching. In Internet communications with Andrusick recovered by the FBI, Ronduen told Andrusick her son had performed oral sex on her. In June 2011 the Los Angeles County Department of Children and Family Services filed a dependency petition on behalf of Ronduen’s two children, and in its investigative report the Department alleged Ronduen exposed her children to her naked body daily, showered with them, and sexually abused her eight-year-old son in front of her …

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