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PEOPLE v. CERVANTES

No. B209350.

175 Cal.App.4th 291 (2009)

THE PEOPLE, Plaintiff and Respondent, v. JOSE NAVARRO CERVANTES, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

June 25, 2009.

Attorney(s) appearing for the Case

Wayne C. Tobin, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Pamela C. Hamanaka, Assistant Attorney General, James William Bilderback II, and David Zarmi, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

GILBERT, P. J. —

The trial court knows that defendant is an undocumented alien and agrees it will suspend a state prison term and grant him probation if he pleads guilty to a charged criminal offense. Defendant pleads guilty to the charged offense and receives a grant of probation. He is unable to appear for a 30-day review hearing because he is in the custody of immigration authorities. Under these circumstances, defendant is...

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