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Name: People v. Aguirre
Case #: B227019
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 09/16/2011

There is no abuse of discretion in denial of a motion to set aside a guilty plea made on the basis that the defendant was not advised that the guilty plea might be used against him in a federal criminal prosecution. Aguirre pled guilty to maintaining a residence for the purpose of selling cocaine. He was unaware that a federal grand jury was about to indict him on federal charges of racketeering and conspiracy to distribute narcotics relating to the same conduct. He moved to set aside the state court plea on the basis that he was not aware of the “direct consequences” of his plea and the motion was denied. There was no abuse of discretion because the trial court had no duty to advise him that his plea might be used against him in a federal prosecution. The federal prosecution did not follow inexorably from the plea and was therefore not a direct consequence of the plea. He was not deprived of the benefit of his bargain because it did not anticipate or bind the federal prosecution.