Filed 8/6/21 P. v. Parra CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX THE PEOPLE, 2d Crim. No. B309749 (Super. Ct. No. NA003695) Plaintiff and Respondent, (Los Angeles County) v. JOEL QUINTANA PARRA, Defendant and Appellant. Joel Quintana Parra1 appeals from the postjudgment order denying his motion to vacate his conviction. (Pen. Code, § 1473.7.) He contends the conviction was invalid due to prejudicial error impairing his ability to understand the immigration consequences of his guilty plea. We affirm. FACTUAL AND PROCEDURAL BACKGROUND 1 The record contains several variations of appellant’s name, including Joel Parra Quintana, Joel Para Quintana, Joel Parra, and Joel Quintana-Parra. Guilty plea and sentence In 1990, Quintana was charged with felony counts of receiving stolen property (count 1, Pen. Code, § 496, former subd. 1) and forgery of a vehicle certificate of title (count 2, Pen. Code, § 470). Quintana pled guilty to forgery in exchange for felony probation and one year in county jail. The court advised him: “If by some chance you are not a citizen of this country, this conviction could result in your being deported, your being denied naturalization, your being denied the right to come back into the country at a later time.” Quintana said he understood. The minute order states, “Defendant advised of possible effects of plea on any alien/citizenship/probation/parole status.” The court placed Quintana on probation with terms including 365 days in the county jail, with credit for 101 actual days served and 50 days conduct credit. On motion of the People, the court dismissed count 1. In 1995, the court found Quintana in violation of probation and sentenced him to 16 months in state prison, with credit for 335 actual days served and 165 days conduct credit. He received a concurrent prison sentence of 16 months for a 1995 felony conviction of petty theft with a prior (Pen. Code, § 666). In 2016, the section 666 conviction was reduced to a misdemeanor. (Pen. Code, § 1170.18, subd. (g).) Immigration proceedings In 2012, Quintana was detained by Immigration and Customs Enforcement (ICE). ICE sought his removal from the country based on a 2010 conviction of possession of a firearm by a felon. The basis for removal was then amended to substitute conviction of forgery with a loss to the victim of $10,000 or more. ICE again substituted its basis for seeking removal to a 2002 2 conviction for causing corporal injury to a spouse. Quintana states that this is the offense for which he is facing removal. Quintana sought discretionary relief of cancellation of removal. (8 U.S.C. § 1229b(a), Immigration and Nationality Act (INA) § 240A(a).) The immigration …
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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals