Does a defendant need to be advised of the adverse immigration consequences of his guilty plea?

Appointed counsel suggests we consider whether the trial court abused its discretion in denying defendant's motion to vacate his conviction, on the ground he did not receive a proper advisement regarding the adverse immigration consequences of his guilty plea. Penal Code section 1016.5, subdivision (a) provides: "Prior to acceptance of a plea of guilty . . . to any offense punishable as a crime under state law, . . . the court shall administer the following advisement on the record to the defendant: [] If you are not a citizen, you are hereby advised that conviction of the offense for which you have been charged may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States." In People v. Ramirez (1999) 71 Cal.App.4th 519, 521-523, the court held the statute does not require a verbal advisement to a defendant; if the written change of plea form signed by the defendant contains the necessary language, that is sufficient.

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