Is a defendant entitled to withdraw his plea on the grounds that the court failed to advise him of the mandatory permanent revocation of his driver's license?

California, United States of America

The following excerpt is from People v. Miller, B231365 (Cal. App. 2012):

Defendant contends that his plea should be set aside, because the court failed to advise him of the mandatory permanent revocation of his driver's license. It is true that he was not so advised. However, as we have already explained with respect to attorney Short's failure to give such an advisement, it is not reasonably probable that if defendant had known of the revocation consequence, he would not have entered the plea. Therefore, he is not entitled to withdraw his plea on that ground. (People v. Dakin (1988) 200 Cal.App.3d 1026, 1033-1034.)

Page 18

The judgment is affirmed.

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