Is an indigent defendant entitled to appoint counsel to pursue a postconviction motion to withdraw a plea pursuant to section 1016.5 of the California Penal Code?

Indigent defendants are routinely appointed counsel to pursue postconviction motions to withdraw pleas pursuant to section 1016.5 where the defendant asserts he or she was not advised of the immigration consequences of his or her plea. A petitioner seeking relief pursuant to Proposition 47 ( 1170.18) is entitled to the appointment of counsel to pursue his or her petition once the petition itself sets forth a prima facie showing of applicability of the statute and the matter proceeds to a more formal hearing on the merits of the petition. (See People v. Rouse (2016) 245 Cal.App.4th 292, 296-301.)