People v. Teneng CA5

── People v. Teneng CA5 ── Court: California Court of Appeal Date: April 27, 2026 Category: General Filed 4/27/26 P. v. Teneng CA5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT THE PEOPLE, F088048 Plaintiff and Respondent, (Super. Ct. No. 19CR-01573) v. MOFFAT OTHNIEL TENENG, OPINION Defendant and Appellant. APPEAL from a judgment of the Superior Court of Merced County. James W. Hollman, Judge. (Retired Judge of the Tulare Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Erin J. Radekin for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Kimberley A. Donohue, Assistant Attorney General, Amanda D. Cary and Lewis A. Martinez, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-  INTRODUCTION In 2019, defendant Moffat Othniel Teneng was charged with the attempted robbery of two minors, felony child abuse, and infliction of corporal injury for stabbing one minor, with enhancements for personal use of a deadly weapon and personal infliction of great bodily injury (GBI). Defense counsel indicated his maximum possible sentence was 10 years six months in prison. Defendant entered into a negotiated disposition in 2019, and pled no contest to an amended count of assault with a deadly weapon (Pen. Code,1 § 245, subd. (a)(1)) and admitted an enhancement for personal infliction of great bodily injury on one victim (§ 12022.7, subd. (a)), for an aggregate sentence of five years and dismissal of the other charges. Defendant is a native and citizen of Cameroon. He entered the United States as a minor and his status was adjusted to lawful permanent resident in 2014, when he was 17 years old. “The Immigration and Nationality Act (INA) [citation], provides that a noncitizen who has been convicted of an ‘aggravated felony’ may be deported from this country.” (Moncrieffe v. Holder (2013) 569 U.S. 184, 187.) The noncitizen also is “ineligible for cancellation of removal, a form of discretionary relief allowing some deportable aliens to remain in the country. [Citations.] Accordingly, removal is a virtual certainty for [the noncitizen] found to have an aggravated felony conviction, no matter how long he has previously resided here.” (Sessions v. Dimaya (2018) 584 U.S. 148, 153; see Torres v. Lynch (2016) 578 U.S. 452, 454–455.) At the time of his plea, a conviction for violating section 245, subdivision (a)(1), assault with a deadly weapon, was a “crime of violence,” which qualified as an “aggravated felony” if the “term of imprisonment” ordered is at least one year. (People v. Carrillo (2024) 101 Cal.App.5th 1, 15 (Carrillo); People v. Villalba (2023) 89 1 All further statutory citations are to the Penal Code unless otherwise noted. 2. Cal.App.5th 659, 667 (Villalba); U.S. v. Vasquez-Gonzalez (9th Cir. 2018) 901 F.3d 1060, 1063–1064; U.S. v. Jimenez-Arzate (9th Cir. 2015) 781 F.3d 1062, 1063–1064; U.S. v. Grajeda (9th Cir. 2009) 581 F.3d 1186, 1196–1197; U.S. v. Heron-Salinas (9th Cir. 2009) 566 F.3d 898, 898–899.)2 When he entered his plea, defendant signed a felony advisement and waiver of rights form, and initialed t