Can a motion for ineffective assistance of counsel be brought to vacate a judgment entered after a guilty plea?

California, United States of America


The following excerpt is from People v. Dryg, H041222 (Cal. App. 2015):

facts and arguments in support of the dismissal with prejudice of the first criminal case, such an ineffective assistance of counsel claim cannot be raised through a petition for writ of error coram nobis. (Ibanez, supra, 76 Cal.App.4th at p. 546, fn. 13; cf. People v. Mbaabu (2013) 213 Cal.App.4th 1139, 1147 [coram nobis petition inappropriate to vacate judgment entered after guilty plea based upon counsel being ineffective in failing to advise defendant of immigration consequences of his conviction].)

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