P. v. Araiza
In March 2006, appellant Alfonso Araiza, pursuant to a plea agreement, pled no contest to unlawful sexual intercourse with a person under the age of 18 (Pen. Code, 261.5, subd. (c)). In that same proceeding, the court placed appellant on three years probation, one of the terms of which was that he serve six months in county jail.
In September 2006, appellant moved to vacate the judgment on the grounds that he was not adequately advised of the immigration consequences of the judgment pursuant to section 1016.5. The court denied the motion, and the instant appeal followed. The court granted appellants request for a certificate of probable cause ( 1237.5). On appeal, appellant contends the court erred in denying appellants section 1016.5-based motion to vacate the judgment. Court will affirm.
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