Filed 5/25/22 P. v. Vasquez CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B313809 Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA061406) v. ALVARO ALEXIS VASQUEZ Defendant and Appellant. APPEAL from an order of the Superior Court of Los Angeles County. Michael D. Carter, Judge. Affirmed. U.S. Law Center and Sanjay Sobti for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Roberta L. Davis and Stephanie A. Miyoshi, Deputy Attorneys General, for Plaintiff and Respondent. _________________________ INTRODUCTION In 2019, appellant Alvaro Alexis Vasquez filed a motion to vacate his 2005 conviction for robbery, as he was currently facing deportation proceedings due to the conviction. He claimed he did not understand the adverse immigration consequences of pleading no contest in 2005 because he was not a “fluent English speaker” and did not have a Spanish interpreter present at the hearings. The trial court denied the motion without prejudice. In 2020, appellant filed his second motion to vacate the 2005 conviction. He claimed to have new evidence in support of his motion. After argument, the trial court found appellant’s new evidence was insufficient, and denied the second motion with prejudice. Appellant appeals from the order denying his second motion. We find appellant’s arguments unavailing and affirm the trial court’s order. FACTUAL AND PROCEDURAL BACKGROUND I. 2005 Conviction for Robbery Appellant was born in El Salvador. In 1997, he moved to the United States when he was 11 years old. On May 18, 2004, appellant, then 18 years old, acquired his status as a legal permanent resident in the United States. One year later, on May 19, 2005, the People filed a felony complaint against appellant, charging him with the crime of second degree robbery for “unlawfully, and by means of force and fear” taking personal property from victim Kim Gyu, in violation of Penal Code1 section 211. The complaint also alleged, under 1 Undesignated statutory references are to the Penal Code. 2 section 12022, subdivision (d), that a principal (not appellant) was armed with a firearm during the commission of the robbery, and that appellant knew the principal was armed.2 Four hearings occurred in this criminal case—on September 30, 2005, October 11, 2005, October 13, 2005, and October 26, 2005. We were not provided a copy of the reporter’s transcript of these four proceedings.3 We glean the following from the minute orders of those proceedings. On September 30, 2005, appellant “state[d] [his] true name as charged.” Appellant was represented by public defender Stephan Boysaw. Appellant was “advised of the following rights orally” including: “If you …
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals