California, United States of America
The following excerpt is from People v. Pedroza, B232825 (Cal. App. 2012):
Section 1016.5, subdivision (a) states: "Prior to acceptance of a plea of guilty or nolo contendere to any offense punishable as a crime under state law, except offenses designated as infractions 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." If the court failed to make that advisement and the defendant's conviction had any of those immigration consequences, "the court, on defendant's motion, shall vacate the judgment and permit the defendant to withdraw the plea of guilty or nolo contendere, and enter a plea of not guilty. Absent a record that the court provided the advisement required by this section, the defendant shall be presumed not to have received the required advisement." (Id. at subd. (b).) We review the court's order denying the section 1016.5 motion for an abuse of discretion. (People v. Limon (2009) 179 Cal.App.4th 1514, 1517-1518.)
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