P. v. Garcia
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Defendant was charged with felony counts of sale/transportation/offer to sell a controlled substance (count 1) and possession for sale of a controlled substance (count 2). He pled guilty to count 1, offer to sell oxycodone in exchange for 36 months of formal probation with the service of 180 days in county jail. Count 2 was dismissed pursuant to the plea agreement. Defendant’s attorney and the trial court advised him at that time that he would be deported based on his negotiated plea. Seven years later he found himself the subject of deportation proceedings.
The trial court denied Defendant’s motion to vacate his conviction. The trial court factually found Defendant's credibility to be “severely lacking,” and his declaration was “deceptively phrased” to mislead the court that counsel had not recommended Defendant meet with an immigration attorney when counsel had, in fact, consulted with Defendant's immigration attorney.
The Second Appellate District affirmed and found that the trial court did not err in denying Defendant’s motion. The court explained that the plain and unambiguous language contained in the Felony Disposition Statement states: “If I am not a citizen and am pleading guilty to . . . a controlled substance offense, . . . I will be deported.” The court explained that even on independent review, Defendant’s contentions fail. At the time of the plea proceeding, Defendant had lived in the United States for approximately seven years with his family. The contemplation of his life in Mexico, contemporaneous with his guilty plea, is persuasive evidence Defendant knew he would be deported.
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