THE PEOPLE v. JESUS ANTONIO MONDACA SR (2011)

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

In 1981, appellant pled guilty to the sale of cocaine (Health & Saf.Code, § 11352) and was granted probation.   In 1985, appellant pled guilty to possession of cocaine for sale (Health & Saf.Code, § 11351) and was sentenced to two years in prison.   On December 15, 2010, appellant filed a petition for writ of error coram nobis in the superior court challenging the validity of his guilty pleas.   The petition was denied.

Appellant filed a notice of appeal.   This court appointed counsel on appeal who filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436, raising no issues but asking us to independently review the record for error.

Appellant was notified of his right to file a supplemental brief and did so.   In that brief, appellant appears to argue the superior court erred in denying his petition because (a) his trial attorneys ignored his assertion that a head injury he suffered when he was seven years old caused him to have difficulty understanding the nature of the proceedings against him, and (b) neither the court nor appellant's trial counsel advised him of the immigration consequences of his pleas.   He also contends the superior court should have “converted” his petition into an “appropriate” post-conviction motion.

Appellant's arguments lack merit.   Coram nobis does not lie to challenge the effective assistance of counsel.  (In re Nunez (1965) 62 Cal.2d 234, 236;  People v. Chien (2008) 159 Cal.App.4th 1283, 1290;  People v. Soriano (1987) 194 Cal.App.3d 1470, 1477.)   Appellant's claim that the court was required to treat his petition as a different vehicle for relief is forfeited for two reasons:  (1) it is unsupported by citation to authority (Badie v. Bank of America (1998) 67 Cal.App.4th 779, 784–785);  and (2) it was not raised in the superior court (see People v. Saunders (1993) 5 Cal.4th 580, 590, fn. 6).   Finally, the record demonstrates appellant was advised of the immigration consequences of his pleas.   We have independently reviewed the record and find no arguable contentions.  (Smith v. Robbins (2000) 528 U.S. 259.)

The order denying the petition for writ of error coram nobis is affirmed.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

KUMAR, J.^*

We concur:

TURNER, P. J.

KRIEGLER, J.

FOOTNOTES

FOOTNOTE.  FN*.  Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.