Filed 3/25/21 P. v. Nguyen CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT THE PEOPLE, H046531 (Santa Clara County Plaintiff and Respondent, Super. Ct. Nos. 211021, CC261145, CC305358, CC324011) v. DAI QUOC NGUYEN, Defendant and Appellant. Defendant Dai Quoc Nguyen appeals from the denial of his motion to vacate his convictions pursuant to Penal Code section 1473.7.1 On appeal, Nguyen contends the trial court erred in denying his motion. He argues his lack of understanding of the immigration consequences of his pleas combined with his attorneys’ failure to research, advise, and defend against them entitled him to relief. For the reasons below, we conclude that the trial court properly denied the motion. Accordingly, we affirm. I. FACTUAL AND PROCEDURAL BACKGROUND A. Procedural Background Case No. CC261145 The prosecution charged Nguyen by felony complaint with two counts: Counts 1 and 2—assault with a deadly weapon or by means of force likely to produce great bodily 1 All subsequent statutory references are to the Penal Code. injury (§ 245, subd. (a)(1)). With respect to count 1, it was alleged that Nguyen had committed the offense for the benefit of a criminal street gang. (§ 186.22, subd. (b)(1).)2 In September 2003, Nguyen pleaded guilty to one count of assault by means of force likely to produce great bodily injury. The minute order for the change of plea hearing specifies that Nguyen received an advisement regarding immigration consequences. Two months later, the trial court granted Nguyen formal probation for a period of three years with the condition that he serve 10 months in county jail. In September 2004, the trial court revoked Nguyen’s probation. Nguyen admitted to violating his probation in October 2009 and the trial court reinstated probation with the condition that he serve one year in county jail. Case Nos. CC305358 and CC324011 In case No. CC305358, the prosecution charged Nguyen with two counts: Count 1 —possession for sale of a controlled substance (Health & Saf. Code, § 11378); and count 2—transportation, sale, and/or distribution of a controlled substance (Health & Saf. Code, § 11379). In case No. CC324011, the prosecution charged Nguyen with one count: possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)). Two on- bail enhancements were also alleged under section 12022.1. In November 2003, Nguyen pleaded guilty to possession for sale of a controlled substance in case No. CC305358 and misdemeanor possession of a controlled substance in case No. CC324011. Prior to entering his pleas in both cases, the trial court advised Nguyen that “if you are not a citizen of the United States, conviction of these charges will have the consequences of deportation, exclusion from …
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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals