People v. Mbugua CA2/3

Filed 9/26/22 P. v. Mbugua CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE THE PEOPLE, B314153 Plaintiff and Respondent, (Los Angeles County Super. Ct. No. A774712) v. JOHN MBUGUA, Defendant and Appellant. APPEAL from an order of the Superior Court of Los Angeles County, Eleanor Hunter, Judge. Affirmed. Christopher Lionel Haberman, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Paul M. Roadarmel, Jr., and Steven D. Matthews, Deputy Attorneys General, for Plaintiff and Respondent. _________________________ Decades ago, John Mbugua pled guilty to forcible rape. Facing deportation because of that conviction, Mbugua moved to vacate his conviction under Penal Code 1 section 1473.7, claiming that when he entered the plea, he was not asked whether he understood the immigration consequences of it and was not advised mandatory deportation was a consequence of it. He further claimed that these alleged errors prejudiced him. The trial court rejected these contentions, and so do we. Accordingly, we affirm the order denying the motion. BACKGROUND I. Mbugua’s guilty plea The trial court summarized the facts underlying Mbugua’s crime as follows. Someone shot the victim and pushed her out of a car.2 Mbugua happened upon the already wounded victim and raped her. Police officers caught Mbugua in the act, and he first told them she was his wife and then said she was a prostitute. In 1986, Mbugua pled guilty to forcible rape. (§ 261, subd. (2).) Counsel represented Mbugua. At the plea hearing, the prosecutor gave the advisements, asking Mbugua if he understood the charge and if he wanted to plead guilty to it. As to each question, Mbugua said he understood. But when asked if he understood his right to a jury trial, Mbugua said he did “[n]ot exactly” understand that right. After conferring with his counsel, Mbugua represented that he understood and waived his right to a 1 All further undesignated statutory references are to the Penal Code. 2 The trial court apparently based its summary on a preliminary hearing transcript, which is not part of the record on appeal. 2 jury trial. Similarly, when asked if he understood his right to confront and to cross-examine witnesses, Mbugua said he only “[v]aguely” understood. The prosecutor explained the right, and Mbugua said he understood and gave it up. When the prosecutor came to the immigration advisement, he said, “If you are not a citizen of the United States, this conviction could result in deportation, denial of citizenship, or denial of re-entry into the United States if you left the United States. [¶] If …

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