In a motion to vacate a conviction pursuant to section 1016.5,1 of the California Penal Code, what is the effect of that section?

California, United States of America


The following excerpt is from People v. Huda, E064981 (Cal. App. 2016):

In 2015, defendant, a citizen of Pakistan, filed an unsuccessful motion to vacate his conviction pursuant to Penal Code section 1016.5,1 arguing his conviction should be vacated because he was not adequately advised of his immigration consequences. Defendant appeals from the denial of that motion, claiming the trial court erred pursuant to Padilla v. Kentucky (2010) 559 U.S. 356 (Padilla) and in light of the "legislative intent" of section 1016.5. We find no error and affirm the order.

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