Com. v. Orozco, J.

J-S52008-19 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : JESUS OROZCO : : Appellant : No. 2154 EDA 2018 Appeal from the Judgment of Sentence Entered May 21, 2018 In the Court of Common Pleas of Montgomery County Criminal Division at No(s): CP-46-CR-0000846-2017 BEFORE: OTT, J., KUNSELMAN, J., and McLAUGHLIN, J. MEMORANDUM BY OTT, J.: FILED NOVEMBER 08, 2019 Jesus Orozco appeals from the judgment of sentence imposed May 21, 2018, in the Montgomery County Court of Common Pleas. The trial court sentenced Orozco to time served to six months’ imprisonment, and a concurrent five years’ probation, following his guilty plea to one count each of driving under the influence of alcohol (“DUI”), and theft.1 On appeal, he contends the trial court erred in determining he entered a knowing, intelligent, and voluntary plea because he was not sufficiently advised on the record that his plea would “almost certainly result in [his] deportation.” Orozco’s Brief at 8. For the reasons below, we affirm. The facts underlying Orozco’s guilty plea are as follows. On January 15, 2017, at approximately 11:57 p.m., Orozco stole a Dodge Ram truck from the ____________________________________________ 1 See 75 Pa.C.S. § 3802(b), and 18 Pa.C.S. § 3921(a). J-S52008-19 owner’s driveway, and drove it away. When the truck was recovered shortly thereafter, Orozco was sitting in the driver’s seat, visibly intoxicated. A breath test registered his blood alcohol level at .160%.2 See Criminal Complaint, 1/16/2017, Affidavit of Probable Cause at 8. Orozco was charged with numerous offenses, but on July 12, 2017, he entered an open guilty plea to DUI-high level of alcohol and theft. He was sentenced on May 21, 2018, to time served to six months’ imprisonment for DUI, and a concurrent term of five years’ probation for theft. On June 12, 2018, Orozco filed an emergency motion seeking permission to file a post-sentence motion nunc pro tunc.3 That same day, the court held a hearing, and granted Orozco’s request. Thereafter, on June 20, 2018, Orozco filed a post-sentence motion nunc pro tunc in which he sought to withdraw his guilty plea. Specifically, Orzoco complained, “he neither received advice concerning the risk of adverse immigration consequences, or specific guidance that his plea would make him clearly subject to deportation.” ____________________________________________ 2 At the guilty plea hearing, the trial court gave Orozco a “margin of error” and allowed him to plead guilty to a BAC level of .159%, under the high rate of alcohol subsection. N.T., 7/12/2017, at 7. See also 75 Pa.C.S. § 3802(b) (alcohol concentration of at least 0.10% but less than 0.16%). 3 Orozco averred in his emergency motion: (1) he was detained by federal immigration agents the day after his sentencing hearing; (2) he has remained in federal immigration detention since that time; and (3) he has been unable to contact his public defender to request the filing of a post-sentence motion. See Emergency Motion for Permission to ...

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