People v. Anguiano CA5


Filed 8/11/21 P. v. Anguiano CA5 Opinion following rehearing NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT THE PEOPLE, F079147 Plaintiff and Respondent, (Super. Ct. No. VCF253827A) v. OCTAVIO JUAREZ ANGUIANO, OPINION Defendant and Appellant. APPEAL from a judgment of the Superior Court of Tulare County. Joseph A. Kalashian, Judge. Michael K. Mehr for Defendant and Appellant. Rob Bonta and Xavier Becerra, Attorneys General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Carlos A. Martinez and Catherine Tennant Nieto, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo- Octavio Juarez Anguiano pled no contest to a gang-related assault with a firearm (Pen. Code,1 §§ 245, subd. (a)(2) & 186.22, subd. (b)). About six years later (and four 1 All undesignated statutory references are to the Penal Code. years after sentencing), he moved to vacate his plea due to ongoing deportation proceedings. The trial court denied his motion. Anguiano now appeals the denial. For reasons that follow, we affirm. BACKGROUND Charges The Tulare County District Attorney charged Anguiano with the following crimes: Shooting at an inhabited dwelling (§ 246; count 1); assault with a firearm (§ 245, subd. (a)(2); counts 2, 3, 4); and evading (Veh. Code, § 2800.2, subd. (a); Count 5). The charges included numerous gang-related crime enhancements (§ 186.22, subd. (b); counts 1-5) and various firearm enhancements. Plea Hearing At a change of plea hearing, the trial court advised Anguiano, “If you’re not a citizen of the United States, your plea of guilty or no contest will result in your being deported from the United States, denied readmission, naturalization, permanent residency.” Anguiano indicated he wanted to plead no contest, to which the court replied, “Are you pleading no contest not because you’re admitting guilt, but because you want to avoid exposure to greater punishment should you be convicted of the charged offenses?” He replied, “Yes, your Honor,” and then pled to one count of assault with a firearm and admitted a gang-related crime enhancement. The understanding at the time of the plea was Anguiano would serve nine years in prison. That nine-year sentence was ultimately imposed at a later sentencing hearing. The remaining charges were dismissed. Motion to Vacate After Anguiano was released from prison, he moved to vacate his plea pursuant to section 1473.7. In the motion, his counsel argued Anguiano “clearly didn’t understand that even a no-contest plea would cause him to be automatically and mandatorily deported and forever barred from any future ability to re-immigrate or even just visit his 2. family.” He added his trial counsel “clearly had alternative plea options he could have presented to the prosecution that would carry the …

Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals