In re Barera
The People appeal from the grant of a petition for writ of habeas corpus filed by petitioner Julian Barera.[1] In October 1992, Barera was arrested and charged with multiple counts of possession for sale of a controlled substance and faced a possible sentence of over 11 years in prison. On October 22, 1992, Barera pled guilty to one count of possession for sale of a controlled substance, in exchange for dismissal of the remaining charges and a maximum possible sentence of 16 months. Barera was represented by counsel at the time of his plea and the trial court advised Barera of his constitutional rights and immigration consequences before accepting the plea. Barera was placed on probation, which included a condition that he be incarcerated for 12 months in the county jail.
On January 26, 2011, Barera filed a petition for writ of habeas corpus that alleged defense counsel rendered ineffective assistance by failing to (1) adequately advise him of the immigration consequences of his plea, and (2) move to suppress the evidence. The People opposed the writ on substantive and jurisdictional grounds. After an evidentiary hearing at which Barera did not testify, the trial court granted the writ. We will reverse.
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