California, United States of America
The following excerpt is from People v. Singh, G049973 (Cal. App. 2015):
Of course, the court in this case did not actually find defendant had been adequately advised of the immigration consequences at issue. It is not even clear that the court understood defendant's motion was brought under section 1016.5. Although it appears defendant was given a sufficient admonishment at the time of his guilty plea, it is premature to rule on this issue definitively (particularly in the first instance on appeal) without the reporter's transcript or other evidence confirming defendant actually reviewed the admonishment contained in the plea agreement. (Cf. People v. Dubon (2001) 90 Cal.App.4th 944, 950, 954-956 [in absence of reporter's transcript, minute order and judge's testimony rebutted presumption that advisement was not given].)
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