Filed 6/30/22 P. v. Cabrera CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT THE PEOPLE, B314954 Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA115599) v. JOSE LUIS CABRERA, Defendant and Appellant. APPEAL from an order of the Superior Court of Los Angeles County. James R. Dabney, Judge. Affirmed. Law Offices of James Koester and James Koester for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Steven D. Matthews and Michael C. Keller, Deputy Attorneys General, for Plaintiff and Respondent. ********** Defendant and appellant Jose Luis Cabrera appeals from the order denying his motion, pursuant to Penal Code section 1473.7, subdivision (a)(1), to vacate a 1995 conviction. Defendant has not demonstrated error in the denial of his motion. We therefore affirm. FACTUAL AND PROCEDURAL BACKGROUND We grant defendant’s request for judicial notice of portions of the file pertaining to his 1995 conviction. In 1995, defendant was charged with one count of committing a lewd act upon a child under the age of 14 in violation of Penal Code section 288, subdivision (a). According to the probation report, defendant’s nine-year-old stepdaughter told her mother defendant had touched her inappropriately on numerous occasions, the first time when she was just seven. Her mother, who had two younger sons with defendant, called the police. At a hearing on July 12, 1995, defendant was represented by deputy public defender Bruce Schweiger and assisted by a Spanish language interpreter. The prosecutor advised the court the parties had reached a negotiated disposition in the case in which defendant would plead guilty to the lewd conduct charge, serve one year in county jail, five years of formal probation, register as a sex offender, receive counseling upon release and observe a stay away order in favor of the victim during the period of probation. Before accepting defendant’s plea, the court advised defendant of the legal consequences attendant to entering a plea of guilty, including the following: “If you are not a citizen of the United States, this guilty plea can result in your deportation, denial of citizenship, naturalization, amnesty, or reentry into this 2 country.” When the court asked defendant if he understood everything so far, he answered yes. Having heard the court’s advisement regarding the immigration consequences, defendant did not ask any questions or seek clarification from the court or his counsel. The fact defendant was advised by the court of the immigration consequences of his plea was also confirmed in the minute order for that date. The court continued with the plea colloquy, advising defendant of the specific trial rights he was …
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