Does section 1016.6.5 of the California Criminal Code require a trial court to permit a defendant to withdraw his guilty plea?

California, United States of America


The following excerpt is from People v. Patterson, E060758 (Cal. App. 2017):

6. As noted, defendant received the advisement, and he does not contend that the trial court was required under section 1016.5 to permit him to withdraw his guilty plea. (See People v. Aguilar (2014) 227 Cal.App.4th 60, 71 ["Section 1016.5 addresses only the duty of trial courts to advise the defendant of the immigration consequences of the plea, and it empowers the court to vacate a conviction and set aside a plea only for the court's failure to fulfill that duty." (Italics omitted.)].)

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