Filed 6/14/21 P. v. Sosa CA4/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOURTH APPELLATE DISTRICT DIVISION TWO THE PEOPLE, Plaintiff and Respondent, E073591 v. (Super.Ct.No. FVA13536) LUIS A. SOSA, OPINION Defendant and Appellant. APPEAL from the Superior Court of San Bernardino County. Elia V. Pirozzi, Judge. Affirmed. Karlin & Karlin and Marc A. Karlin for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Adrian Contreras and Steve Oetting, Deputy Attorneys General, for Plaintiff and Respondent. 1 Defendant and appellant Luis A. Sosa appeals from the trial court’s order denying his Penal Code1 section 1473.7 motion to vacate his guilty plea and conviction. He argues the trial court erred by denying the motion because he had met the requirements entitling him to relief. Specifically, he claims that it is reasonably probable that he would not have pleaded guilty, but would have defended against the charges, if he had meaningfully understood the adverse immigration consequences of his plea. We find substantial evidence supports a finding that defendant would have taken the plea despite the immigration consequences, and therefore affirm the trial court’s order. FACTUAL AND PROCEDURAL HISTORY A. FACTUAL BACKGROUND Defendant is a 50-year-old citizen of El Salvador. He entered the United States in approximately 1989 and resided in the United States for about 30 years as a legal permanent resident. On November 4, 1992, following a valid vehicle stop, defendant, who was 22 years old at the time, was found in possession of five small baggies with cocaine, four small baggies with heroin, a beeper, and money. Defendant admitted selling drugs. At the time he committed his offenses, he had been in the United States about three and a half years and had a common law partner and a two-month-old child. Both his parents and two sisters resided in El Salvador at the time. 1 All future statutory references are to the Penal Code. 2 B. PROCEDURAL HISTORY On November 6, 1992, a felony complaint was filed charging defendant with two counts of possession for sale of a controlled substance, involving, respectively, cocaine and heroin (Health & Saf. Code, § 11351; counts 1 & 2). Defendant was arraigned on November 9, 1992, and was advised that “ ‘if he is not a citizen [of the United States], the conviction of the offense, with which he is charged, may lead to his deportation, exclusion from admission to this country or denial of naturalization.’ ” On November 20, 1992, defendant entered into a negotiated plea, in which he agreed to plead guilty to count 1, and in return count 2 would be dismissed and he …
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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals