People v. Sood CA2/7


Filed 12/22/21 P. v. Sood CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN THE PEOPLE, B307247 Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA039246- v. 01) VIKRAM SOOD, Defendant and Appellant. APPEAL from a judgment of the Superior Court of Los Angeles County, Suzette Clover, Judge. Affirmed. Douglas Jalaie for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Michael R. Johnsen, Supervising Deputy Attorney General, and Charles S. Lee, Deputy Attorney General, for Plaintiff and Respondent. ______________________ INTRODUCTION Vikram Sood pleaded guilty under a negotiated plea agreement, reducing his sentencing exposure from life to 21 years in prison. Before his plea, he was told his conviction would result in deportation. Nineteen years later, he moved to vacate his conviction under Penal Code section 1473.7, subdivision (a)(1), arguing he did not understand the adverse immigration consequences of his plea.1 The trial court denied his motion. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Sood’s Negotiated Plea and Sentencing In February 2000, Sood was charged in an amended information with first degree residential robbery, two counts of first degree residential burglary, possession of a firearm by a felon, and kidnapping to commit robbery. It was alleged that Sood used a firearm and had previously committed a serious or violent felony. Sood faced a maximum sentence of 29 years to life, plus 17 years in prison. In March 2000, Sood entered a negotiated plea. Under the plea deal, Sood pleaded guilty to a new count of kidnapping and admitted enhancements in exchange for a 21-year prison sentence and dismissal of the remaining counts. During the plea hearing, the prosecutor explained the terms of the plea to Sood, confirming nobody threatened or offered Sood anything other than the deal to change his plea to guilty. Sood acknowledged and responded to all the inquiries. Before Sood pled, the prosecutor advised Sood of his rights and the consequences of entering a plea, including adverse 1 Statutory references are to the Penal Code. 2 immigration consequences.2 And before she advised him, the prosecutor confirmed Sood understood that he could stop the proceedings if he did not understand: “If you have any questions just say excuse me, and you will be able to talk to [your attorney] until you get your questions cleared up. Okay?” Sood responded, “Yes.” Then, the prosecutor explained Sood’s rights, including his right to a jury trial, Sood confirmed he understood and waived his rights, and Sood’s attorney joined in the jury trial waiver. The prosecutor also warned Sood of the consequences of his plea, including deportation: “If you are …

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