P. v. Tran
Filed 5/4/06 P. v. Tran CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
| THE PEOPLE, Plaintiff and Respondent, v. HUNG THANH TRAN, Defendant and Appellant. | G035666 (Super. Ct. No. 96WF2509) O P I N I O N |
Appeal from an order of the Superior Court of Orange County, Daniel J. Didier, Judge. Affirmed.
Stephen M. Lathrop, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Jeffrey J. Koch, Assistant Attorneys General, and Robert M. Foster, Deputy Attorney General, for Plaintiff and Respondent.
Hung Thanh Tran, a noncitizen, appeals from an order denying his Penal Code section 1016.5 (section 1016.5) motion to vacate his 1997 drug-related conviction and withdraw his guilty plea because he was not adequately advised of the plea's immigration‑related consequences. We affirm.
FACTS
In January 1997, Tran pled guilty to one count of possession of cocaine base for sale and one count of transportation of a controlled substance. He was sentenced to prison and released in the summer of 2001. In May 2004, Tran was ordered deported to his native country, Vietnam. In February 2005, Tran filed a section 1016.5 motion to vacate and withdraw his guilty plea contending he was not adequately advised of the immigration-related consequences of his plea.
Prior to entering his guilty plea, Tran signed a guilty plea form (hereafter the Tahl[1] form) initialing the box stating, â€
